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Muscarello v. United States

Docket No.: 96-1654
Argued: March 23, 1998
Decided: June 8, 1998
Consolidated with: No. 96-8837

Topics:

18 U.S.C. 924, Criminal Procedure, Federal Rules of Criminal Procedure, Second Amendment, Sentencing Guidelines

Petitioner: Muscarello
Respondent: United States

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Citation: 106 F.3d 636
Lower Court Decision
Supreme Court Docket


524 U.S. 125 (1998)
Question:

Does the fact that guns were found in a locked glove compartment, or the trunk, of a car, preclude the application of 18 U section 924(c)(1), which imposes a 5-year mandatory prison term upon a person who "uses or carries a firearm" "during and in relation to" a "drug trafficking crime"?

Muscarello v. United States
ORAL ARGUMENT

March 23, 1998

Holding: affirmed
Decision: Decision: 5 votes for United States, 4 vote(s) against
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