Is a defendant considered to have carried the firearm if he conveyed, transported or took the firearm with him unlawfully?
MultiRegion, United States of America
The following excerpt is from U.S. v. Barber, 594 F.2d 1242 (9th Cir. 1979):
2 Although we have not been able to find a case in which this issue was directly raised and decided, we have quoted without disapproval a jury instruction that a "defendant is considered to have carried the firearm if he conveyed, transported or took the firearm with him unlawfully during the commission of a Federal felony." (United States v. Dixon (9th Cir. 1977) 558 F.2d 919, 921, n.1.)
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