The following excerpt is from U.S. v. Siegert, 952 F.2d 408 (9th Cir. 1991):
We have held that "[w]hen a firearm serves to protect the defendants or their drugs or to intimidate others, the firearm is said to have a role in the crime and then there is a violation of section 924(c) regardless of whether the gun is actually displayed or discharged." United States v. Torres-Rodriguez, 930 F.2d 1375, 1385 (9th Cir.1991). In United States v. Torres-Medina, 935 F.2d 1047 (9th Cir.1991), we affirmed the conviction under section 924(c)(1) of a handicapped person who could not possibly have reached the gun or drugs hidden under his house. "[A] close proximity of the handgun to the drugs strongly suggested that it was 'related' to the narcotics operation." Id. at 1049. Indeed, section 924 "does not require literal 'use' of the firearm.... [A] firearm may be considered available for purposes of section 924(c)(1) if its physical proximity to the defendant at any time during the commission of the crime, or during arrest, supports the inference that it emboldened him to commit the underlying offense." Id. at 1049-50.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.