What is the effect of a motion denying a motion by a federal district court seeking enhanced penalties for someone who uses or carries a firearm in connection with a crime of violence?

MultiRegion, United States of America

The following excerpt is from Hidalgo v. United States, No. 18-2703 (2nd Cir. 2021):

We review de novo a district court's denial of a 28 U.S.C. 2255 motion. See McCloud v. United States, 987 F.3d 261, 264 (2d Cir. 2021). As relevant here, 18 U.S.C. 924(c) provides enhanced penalties for anyone who "uses or carries a firearm" in connection with a "crime of violence." Id. 924(c)(1)(A). The statute defines a "crime of violence" as a felony that either "(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another" (the "elements

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