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Federal Crimes Federal Firearms Offenses Gun and Drugs | Guns and Drugs: Arizona Gun Crimes |
Congress enacted 18 U.S.C. §924(c)(1) to eliminate a judge's discretion
in granting parole or probation to anyone who "uses or carries" a
firearm "during and in relation to any crime of violence or drug
trafficking crime." This is an offense, separate and apart from any
other charges, which criminalizes the addition of the firearm to an
otherwise "ordinary" robbery or narcotics trafficking crime. This
separate crime carries an entirely separate minimum mandatory sentence
which runs consecutive to the underlying offense with punishment
ranging from five years imprisonment to life without parole. Section
924(c)(1) is most frequently used in conjunction with drug trafficking
offenses, and it can transform a case that would involve a short or
moderate term under the Sentencing Guidelines into a case with a
mandatory, and very lengthy, term of imprisonment. Prosecutors now
routinely charge both the underlying crime, i.e., robbery or drug
trafficking, and the §924(c) charge, claiming that a firearm was "used"
or "carried" "during" and "in relation to" the underlying offense.Contact Vladimir Gagic at his Phoenix or Scottsdale offices today. |
