Criminal Law Keyed to Dressler
Muscarello v. United States
Muscarello (D) was a convicted drug trafficker. He argued against a minimum mandatory sentence of 5 years under 18 U.S.C. Section 924(c)(1), on the ground that such a sentence was appropriate when a person uses or carries a firearm during or in connection with a drug trafficking crime. In his case the firearm was in his locked glove compartment. He argued that the intent of Congress in framing the term “carry” was to mean having a firearm on the body rather than in the transport. The case was granted review by the Supreme Court.
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