Is a firearm character an element of the crime defined by section 924(c)(1)?
MultiRegion, United States of America
The following excerpt is from U.S. v. Alerta, 96 F.3d 1230 (9th Cir. 1996):
The government contends that the character of the firearm is not an element of the offense defined by section 924(c)(1). The purpose of that argument is to avoid the heightened standard of harmless error review that we employ when the trial court fails to instruct the jury on an element of the crime. See Roy v. Gomez, 81 F.3d 863, 866-67 (9th Cir.1996) (en banc).
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