Does a motion to vacate the convictions of the appellants for firearms violations under Section 924(c) of the Criminal Code require active employment of a gun?
MultiRegion, United States of America
The following excerpt is from U.S. v. Monteleone, 257 F.3d 210 (2nd Cir. 2001):
requires "active employment" of a gun, as required by Bailey v. United States, 516 U.S. 137, 143-48 (1995), a case decided after the appellants were convicted. Because it had already declined to grant a new trial on the murder and murder conspiracy counts, the district court declined to address the argument presented below that if their murder and murder conspiracy convictions were vacated, appellants' convictions for firearms violations under 924(c) must also be reversed.
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