Is possession of a gun during a drug trafficking crime sufficient to sustain a conviction under section 924(c) of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S. v. Henson, 123 F.3d 1226 (9th Cir. 1995):
While this instruction properly stated the law of this circuit pre-Bailey, it is no longer correct. Mere possession of a gun during a drug trafficking crime is no longer sufficient to sustain a conviction under 924(c)(1). See United States v. Garcia, 77 F.3d 274, 277 (9th Cir.1996).
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