18 U.S.C. § 924(c) · C relations

Case identity unavailable — citation unavailable · United States District Court for the Eastern District of Kentucky · 1997 (18usc924: author: unavailable · not independently reviewed)

Not addressed: elements 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13

Case identity unavailable — citation unavailable · United States Court of Appeals for the Seventh Circuit · 1989 (18usc924: author: unavailable · not independently reviewed)

2. Firearm object
   ○ not reached · basis not recorded Not counted: applied/meritsNo source quotation linked.
3. Active employment of a firearm
   ✓ satisfied · proved

   fact · supports They executed the warrants and found 5,000 grams of cocaine in Apartment 3-D and 4,998 grams of cocaine in the Datsun.

   fact · supports Given the value of the cocaine and the known risks of conducting an illegal drug business, the jury could reasonably infer from all of the evidence that Ocampo possessed a loaded revolver in order to protect himself, his partner, and his cocaine shipment.

   fact · cuts-against While Ocampo never displayed or fired the weapon during the encounter

   rule "Using" a weapon under § 924(c)(1) includes the possession of a firearm which in any manner facilitates the execution of a felony.

   rule If the firearm is within the possession or control of a person who commits an underlying crime as defined by the statute, and the circumstances of the case show that the firearm facilitated or had a role in the crime, such as emboldening an actor who had the opportunity or ability to display or discharge the weapon to protect himself or to intimidate others, whether or not such a display or discharge in fact occurred, then there is a violation of the statute.

   held There was also ample evidence to support a finding that Ocampo "used" the weapon during the commission of the felony.

   held Furthermore, the jury surely was entitled to find that the presence of a loaded revolver so close at hand provided Ocampo with the security and confidence necessary to undertake such a large drug transaction.

4. Knowingly possess and convey the firearm
   ✓ satisfied · proved

   fact · supports he observed Ocampo bent over inside the vehicle placing an object on the floor of the passenger side

   fact · supports they did observe Ocampo attempting to kick it underneath the passenger seat

   fact · supports Dailey recovered the object, a loaded blue steel revolver, from underneath the passenger seat

   fact · cuts-against the gun was never displayed or brandished and was not found in the actual possession of either defendant

   held there was ample evidence for the jury to find that he had the gun in his possession and was in the process of hiding it under the seat as the police approached the automobile

   held Under these circumstances it was reasonable for the jury to conclude he "carried" the weapon as required by the statute.

5. During and in relation to the predicate
   ✓ satisfied · proved

   fact · supports The cocaine in the vehicle was found in the white plastic bag which Escobar was observed carrying into and out of the apartment premises.

   fact · supports Ocampo walked down the stairwell first to the parking lot and again engaged in counter-surveillance while Escobar remained in the stairwell.

   fact · cuts-against the gun was recovered from underneath the passenger seat and was not displayed in any manner during the encounter

   rule namely, that a person could not be prosecuted for inadvertently carrying a firearm in an obviously unrelated crime.

   held The evidence on the record in this case places Ocampo's conduct clearly within the parameters of § 924(c)(1) as the government produced sufficient evidence at trial to link the gun to the narcotics offenses and to prove that the weapon was not inadvertently carried in relation to an obviously unrelated crime.

11. Section 2 aiding and abetting route
    ○ not reached · basis not recorded Not counted: applied/meritsNo source quotation linked.

Not addressed: elements 1, 6, 7, 8, 9, 10, 12, 13

Case identity unavailable — citation unavailable · United States Court of Appeals for the Tenth Circuit · 1997 (18usc924: author: unavailable · not independently reviewed)

2. Firearm object
   ○ not reached · basis not recorded Not counted: applied/meritsNo source quotation linked.
3. Active employment of a firearm
   ✗ not satisfied · no-evidence

   fact · cuts-against revealed a revolver registered to Mr. Kelly under the passenger seat plus drug paraphernalia and a small amount of cocaine found elsewhere in the vehicle

   fact · supports police officers observed five rounds of ammunition on the vehicle’s center console

   rule In Bailey, the Supreme Court rejected such a broad definition of “use” and held that section 924(c)(1) “requires evidence sufficient to show an active employment of the firearm by the defendant, a use that makes the firearm an operative factor in relation to the predicate offense.”

   rule The Court also made clear that “use” does not extend to situations “where an offender conceals a gun nearby to be at the ready for an imminent confrontation.... Placement for later active use does not constitute ‘use.’”

   held It is clear that under the construction of “use” employed in Bailey, the evidence in this case is legally insufficient to support a conviction for using a firearm during and in relation to a drug trafficking offense under section 924(c)(1).

4. Knowingly possess and convey the firearm
   ✓ satisfied · proved Not counted: applied/procedural

   fact · supports In this case, the gun providing the basis for the section 924(c)(1) conviction was located under the front passenger seat of a car owned and driven by Mr. Holland.

   fact · cuts-against Mr. Kelly also had three rounds of ammunition that matched the cylinder of the gun under the seat

   rule the government is required to prove only that the defendant transported a firearm in a vehicle and that he had actual or constructive possession of the firearm while doing so.

   rule The essential inquiry is whether the jury’s verdict, under the instructions given and the nature of the evidence, required the jury to find all the elements of a “carrying" violation, or stated another way, whether the verdict was the functional equivalent of such a finding.

   held The jury findings required by the instructions, taken together, establish the elements of carrying a firearm under section 924(c)(1).

   held These findings were made under proper instructions, unaffected by Bailey, and supported by sufficient evidence.

5. During and in relation to the predicate
   ✓ satisfied · proved Not counted: applied/procedural

   fact · supports Both defendants possessed cash and pagers purchased by Mr. Holland

   fact · supports Three ounces of cocaine in a cosmetic bag were found by the side of the road where the traffic stop occurred.

   rule As we have pointed out, the “during and in relation to” element was not affected by the holding in Bailey.

   held The jury necessarily found that the gun was being transported in the vehicle owned and operated by Mr. Holland, that Mr. Holland possessed the gun, and that he did so dining and in relation to a drug trafficking offense, all findings it was required to make under the instructions for either a “using” or “carrying” conviction.

Not addressed: elements 1, 6, 7, 8, 9, 10, 11, 12, 13

Case identity unavailable — citation unavailable · United States Court of Appeals for the Fifth Circuit · 2003 (18usc924: author: unavailable · not independently reviewed)

2. Firearm object
   ○ not reached · basis not recorded Not counted: applied/meritsNo source quotation linked.
3. Active employment of a firearm
   ✓ satisfied · conceded

   fact · supports As Pasquariel-lo pulled into her carport, defendants approached her, Phipps put a gun to her head, Gilley restrained her in the back seat of her car, and they drove away with Phipps at the wheel.

   fact · cuts-against They stopped briefly to give the gun to Medina, then headed for the highway.

   fact · cuts-against During and after the rape, Gilley continuously threatened Pasquariello with a knife as Phipps drove through the night.

   held From this point forward, we speak only of use, not of carriage or possession, because defendants undoubtedly used the firearm during their crimes.

   held Defendants “used” the firearm only once, namely, when Phipps put the firearm to Pasquariello’s head.

   ○ not reached · basis not recorded Not counted: applied/procedural

   fact · cuts-against In what surely must be a rare event, defendants used a single firearm a single time for a dual criminal purpose, then immediately discarded it.

   fact · supports By brandishing the firearm, they forced Pasquariel-lo to surrender her car, and they abducted her.

   rule We conclude that the unit of prosecution is the use, carriage, or possession of a firearm during and in relation to a predicate offense.

   rule Given the unit of prosecution, this language allows for only as many counts as there are uses of the firearm.

   held In light of this extraordinary fact, § 924(c)(1) does not unambiguously authorize multiple convictions for a single use of a single firearm based on multiple predicate offenses.

5. During and in relation to the predicate
   ✓ satisfied · proved Not counted: applied/lower-court

   fact · supports True enough, this single use allowed defendants to commit two crimes.

   fact · supports They could have committed either offense without committing the other: They could have taken Pasquariello’s car without abducting her, or vice versa.

   rule § 924(c)(1) criminalizes the use of a firearm during and in relation to the predicate offense, not in regard to a defendant’s purposes in using the firearm

Not addressed: elements 1, 4, 6, 7, 8, 9, 10, 11, 12, 13

Case identity unavailable — citation unavailable · United States Court of Appeals for the First Circuit · 2011 (18usc924: author: unavailable · not independently reviewed)

2. Firearm object
   ○ not reached · basis not recorded Not counted: applied/meritsNo source quotation linked.
6. Knowing actual or constructive possession
   ✓ satisfied · proved

   fact · supports Agent Alverio testified at trial that he saw a handgun in the “pocket” of the front passenger door when the defendants were arrested, and that Gómez was in the passenger’s seat.

   fact · supports Another government witness testified that the fanny pack that Gómez was wearing when he was arrested contained three .40 caliber bullets and a magazine containing fifteen more .40 caliber bullets, both of which could be used to fire the gun, a Glock .40 caliber pistol, as well as a slide back cover that “is the rear part of the Glock.”

   fact · supports Finally, Rodriguez testified at trial that he thought Gómez had a gun based on the way that Gómez was positioned.

   rule “the government must prove that the defendant! ] 1) committed a drug trafficking crime; 2) knowingly possessed a firearm; and 3) possessed the firearm in furtherance of the drug trafficking crime.”

   held This evidence was sufficient for a rational finder of fact to determine that Gómez knowingly possessed the firearm.

   ○ not reached · basis not recorded Not counted: rule-announced/procedural

   rule Instructing the jury regarding “use and carry” instead of “possession” was not reversible error because “use and carry” necessarily includes possession.

   rule One also cannot “carry” a firearm without possessing it.

7. Possession advances the specific predicate
   ✓ satisfied · proved

   fact · cuts-against Averio said that the other man in the car did not want Rodriguez to verify the drugs in the car.

   fact · cuts-against When the time came to verify the drugs, Averio asked Rodriguez if they could move to Rodriguez’s car.

   fact · supports Here, a rational factfinder could conclude that Gómez had the gun to protect the cocaine on the way to the transaction and the money that the defendants expected to receive — $3,300 for each of the six “eighths” — on the way back from the transaction.

   fact · supports From the driver’s side of the car, Agent Averio noticed a gun with an extended magazine in the passenger door “pocket.”

   rule Alverio’s argument is meritless because a gun need not be present at the moment that drugs are verified, or at the moment that money or drugs change hands, in order to be possessed in furtherance of a drug trafficking crime.

   rule Possession of a firearm “to protect drugs or sales proceeds” can constitute possession in furtherance of a drug trafficking crime.

   held The evidence would have been sufficient to support the conclusion that the gun was possessed in furtherance of the drug trafficking crime regardless of where the transaction occurred.

   ○ not reached · basis not recorded Not counted: rule-announced/procedural

   rule “[W]e have understood ‘in furtherance of to demand showing a sufficient nexus between the firearm and the drug crime such that the firearm advances or promotes the drug crime. For example, we have held that possession of a firearm to protect drugs or sales proceeds can establish such a nexus.”

   rule “the ‘in furtherance of element of a firearm possession charge imposes a ‘slightly higher standard’ of liability than the nexus element corresponding to the different charges of using or carrying a firearm, which need only occur ‘during and in relation to’ the underlying crime.”

   held We cannot see, however, how the jury could have concluded that the firearm here played an important role in the commission of the offense without concluding that the weapon met the “in furtherance of’ requirement.

11. Section 2 aiding and abetting route
    ○ not reached · basis not recorded Not counted: rule-announced/merits

    rule He was indicted, however, for aiding and abetting in the possession of a firearm in furtherance of a drug trafficking offense, which requires proof that he knew to a practical certainty that Gómez would possess the gun in furtherance of a drug trafficking crime and that he took some step to facilitate the possession.

Not addressed: elements 1, 3, 4, 5, 8, 9, 10, 12, 13

Case identity unavailable — citation unavailable · Supreme Court of the United States · 1995 (18usc924: author: unavailable · not independently reviewed)

3. Active employment of a firearm
   ✗ not satisfied · no-evidence

   fact · supports A search of the passenger compartment revealed oné round of ammunition and 27 plastic bags containing a total of 30 grams of cocaine.

   fact · supports After arresting Bailey, the officers searched the trunk of his car where they found, among a number of items, a large amount of cash and a bag containing a loaded 9-mm. pistol.

   fact · supports A prosecution expert testified at trial that drug dealers frequently carry a firearm to protect their drugs and money as well as themselves.

   fact · cuts-against The police then found a firearm inside a bag in the locked car trunk.

   fact · cuts-against There was no evidence that Bailey actively employed the firearm in any way.

   rule We agree with petitioners, and hold that § 924(c)(1) requires evidence sufficient to show an active employment of the firearm by the defendant, a use that makes the firearm an operative factor in relation to the predicate offense.

   rule A defendant cannot be charged under § 924(c)(1) merely for storing a weapon near drugs or drug proceeds.

   held Having determined that “use” denotes active employment, we must conclude that the evidence was insufficient to support either Bailey’s or Robinson’s conviction for “use” under § 924(c)(1).

   ✗ not satisfied · no-evidence

   fact · supports Inside a locked trunk in the bedroom closet, the police found, among other things, an unloaded, holstered .22-caliber Derringer, papers and a tax return belonging to Robinson, 10.88 grams of crack cocaine, and a marked $20 bill from the first controlled buy.

   fact · supports The officer observed Robinson retrieve the drugs from the bedroom of her one-bedroom apartment.

   fact · cuts-against In Robinson’s case, the unloaded, holstered firearm that provided the basis for her § 924(c)(1) conviction was found locked in a footlocker in a bedroom closet.

   fact · cuts-against No evidence showed that Robinson had actively employed the firearm.

   rule If the gun is not disclosed or mentioned by the offender, it is not actively employed, and it is not “used.”

   rule Placement for later active use does not constitute “use.”

   held We reverse both judgments.

   ○ not reached · basis not recorded Not counted: rule-announced/merits

   rule The active-employment understanding of “use” certainly includes brandishing, displaying, bartering, striking with, and, most obviously, firing or attempting to fire a firearm.

   rule Thus, a reference to a firearm calculated to bring about a change in the circumstances of the predicate offense is a “use,” just as the silent but obvious and forceful presence of a gun on a table can be a “use.”

4. Knowingly possess and convey the firearm
   ○ not reached · basis not recorded Not counted: rule-announced/merits

   rule a firearm can be carried without being used, e. g., when an offender keeps a gun hidden in his clothing throughout a drug transaction.

   held Because the Court of Appeals did not consider liability under the “carry” prong of § 924(c)(1) for Bailey or Robinson, we remand for consideration of that basis for upholding the convictions.

5. During and in relation to the predicate
   ○ not reached · basis not recorded Not counted: applied/meritsNo source quotation linked.

Not addressed: elements 1, 2, 6, 7, 8, 9, 10, 11, 12, 13

Case identity unavailable — citation unavailable · Supreme Court of the United States · 1998 (18usc924: author: unavailable · not independently reviewed)

4. Knowingly possess and convey the firearm
   ✓ satisfied · law

   fact · supports Petitioner in the first case, Frank J. Muscarello, unlawfully sold marijuana, which he carried in his truck to the place of sale.

   fact · supports Police officers found a handgun locked in the truck’s glove compartment.

   rule it also applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies.

   rule That interpretation, however, is difficult to square with the statute’s language, for one “carries” a gun in the glove compartment whether or not that glove compartment is locked.

   held For these reasons, we conclude that petitioners’ conduct falls within the scope of the phrase “carries a firearm.”

   ✓ satisfied · law

   fact · supports Petitioners in the second case, Donald Cleveland and Enrique Gray-Santana, placed several guns in a bag, put the bag in the trunk of a ear, and then traveled by ear to a proposed drug-sale point, where they intended to steal drugs from the sellers.

   fact · supports Federal agents at the scene stopped them, searched the ears, found the guns and drugs, and arrested them.

   rule In sum, the “generally accepted contemporary meaning” of the word “carry” includes the carrying of a firearm in a vehicle.

   rule “Carry” implies personal agency and some degree of possession, whereas “transport” does not have such a limited connotation and, in addition, implies the movement of goods in bulk over great distances.

   held We granted certiorari to determine whether the fact that the guns were found in the locked glove compartment, or the trunk, of a ear precludes application of § 924(c)(1). We conclude that it does not.

   ✗ not satisfied · law Not counted: applied/dissent

   rule I would read the words to indicate not merely keeping arms on one’s premises or in one’s vehicle, but bearing them in such manner as to be ready for use as a weapon.

   held So reading the “Firearms” statutes, I would not extend the word “carries” in § 924(c)(1) to mean transports out of hand’s reach in a vehicle.

5. During and in relation to the predicate
   ○ not reached · basis not recorded Not counted: rule-announced/merits

   fact · supports During plea proceedings, Muscarello admitted that he had “carried” the gun “for protection in relation” to the drug offense

   rule Congress added these words in part to prevent prosecution where guns “played” no part in the crime.

   rule The limiting phrase “during and in relation to” should prevent misuse of the statute to penalize those whose conduct does not create the risks of harm at which the statute aims.

Not addressed: elements 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13

Case identity unavailable — citation unavailable · Supreme Court of the United States · 2006 (18usc924: author: unavailable · not independently reviewed)

Not addressed: elements 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13

Case identity unavailable — citation unavailable · Supreme Court of the United States · 2009 (18usc924: author: unavailable · not independently reviewed)

3. Active employment of a firearm
   ○ not reached · basis not recorded Not counted: applied/lower-court

   fact · supports In this case, a masked man entered a bank, waved a gun, and yelled at everyone to get down.

   fact · supports At trial, Dean admitted that he had committed the robbery, id., at 76-81, and a jury found him guilty on both the robbery and firearm counts.

5. During and in relation to the predicate
   ○ not reached · basis not recorded Not counted: rule-announced/merits

   rule The most natural reading of the statute, however, is that “in relation to” modifies only the nearby verbs “uses” and “carries.”

   rule There is no basis for reading “in relation to” to extend all the way down to modify “is discharged.”

Not addressed: elements 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, 13

Case identity unavailable — citation unavailable · Supreme Court of the United States · 2014 (18usc924: author: unavailable · not independently reviewed)

3. Active employment of a firearm
   ○ not reached · basis not recorded Not counted: rule-announced/meritsNo source quotation linked.
11. Section 2 aiding and abetting route
    ○ not reached · basis not recorded Not counted: rule-announced/merits

    fact · supports Rosemond actively participated in a drug transaction, accompanying two others to a site where money was to be exchanged for a pound of marijuana.

    fact · cuts-against He did not buy or borrow a gun to facilitate the narcotics deal; he did not carry a gun to the scene; he did not use a gun during the subsequent events constituting this criminal misadventure.

    rule Rosemond therefore could assist in § 924(c)'s violation by facilitating either the drug transaction or the firearm use (or of course both).

    rule It is inconsequential, as courts applying both the common law and § 2 have held, that his acts did not advance each element of the offense; all that matters is that they facilitated one component.

    held Under that established approach, Rosemond's participation in the drug deal here satisfies the affirmative-act requirement for aiding and abetting a § 924(c) violation.

    ○ not reached · basis not recorded Not counted: rule-announced/merits

    fact · supports As Gonzales and Painter ran away, one of the male passengers-but again, which one is contested-exited the car and fired several shots from a semiautomatic handgun.

    fact · supports The shooter then re-entered the vehicle, and all three would-be drug dealers gave chase after the buyers-turned-robbers.

    rule An active participant in a drug transaction has the intent needed to aid and abet a § 924(c) violation when he knows that one of his confederates will carry a gun.

    rule For all that to be true, though, the § 924(c) defendant's knowledge of a firearm must be advance knowledge-or otherwise said, knowledge that enables him to make the relevant legal (and indeed, moral) choice.

    rule Of course, if a defendant continues to participate in a crime after a gun was displayed or used by a confederate, the jury can permissibly infer from his failure to object or withdraw that he had such knowledge.

    held Under these principles, the District Court erred in instructing the jury, because it did not explain that Rosemond needed advance knowledge of a firearm's presence.

    ○ not reached · basis not recorded Not counted: rule-announced/dissent

    rule I reject the Court's conclusion that a conviction for aiding and abetting a violation of 18 U.S.C. § 924(c) demands proof that the alleged aider and abettor had what the Court terms "a realistic opportunity" to refrain from engaging in the conduct at issue.

Not addressed: elements 1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 13