How have instructions been interpreted in the context of firearms assault cases?
MultiRegion, United States of America
The following excerpt is from U.S. v. Stroud, 45 F.3d 438 (9th Cir. 1994):
This issue is directly controlled by United States v. Mendoza, 11 F.3d 126 (9th Cir.1993). The Mendoza court found that the instructions were constitutionally defective because the jury could have found the defendant guilty for merely "carrying" a firearm and that "using" the firearm "to facilitate" the crime was not the equivalent of "in relation to" the crime. Id. at 129.
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