Using a Firearm During and in Relation to a Drug Trafficking Crime: Defining the Elements of the Mandatory Sentencing Provision of 18 USC S924(c)(1)

• NCJ Number: 155025
• Journal: Duquesne Law Review Volume: 30 Dated: (1991) Pages: 39-60
• Author(s): M J Riordan
• Date Published: 1991
• Length: 21 pages
• Sale Source: National Institute of Justice/
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: DCC

Annotation

This paper provides guidance to Federal courts and criminal justice practitioners in applying the mandatory sentencing provisions of the Federal code for a drug trafficking crime in which a firearm was used or carried during or in relation to the offense

Abstract

Section 924(c)(1) requires a mandatory 5-year sentence for these crimes. The section is not applicable when the offender merely possesses a firearm during the commission of the crime. The government must prove beyond a reasonable doubt that the firearm was carried in relationship to the underlying drug offense. The totality of the circumstances surrounding the commission of the drug trafficking crime and the possession of the firearm must be examined. Among issues that should be considered are the nature of the transaction, the escape, and the likely response to contingencies that might have arisen during the commission of the crime. Footnotes