FEDERAL MODELS BY OFFENSE - PRACTICE NOTES
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Whether Trading Drugs For A Gun Constitutes "Use" Of A Gun In Relation To Drug Trafficking In Violation Of 18 USC 924(c)(1)(A)

PRACTICE NOTE: See circuit split discussed in United States v. Sumler, 294 F3d 579 (3rd Cir. 2002).

Multiplicity – Propriety Of Multiple Conviction For Single Use Of Firearm During Drug Trafficking Or Crime Of Violence (18 USC 924(c))

PRACTICE NOTE: 18 USC 924(c)(1), making it a separate crime to use a firearm during and in relation to a crime of violence, does not authorize multiple convictions for a defendant who commits two predicate offenses with a single use of a firearm. (See United States v. Phipps, 319 F3d 177 (5th Cir. 2003) [reach of court’s holding limited by fact that the defendants used a firearm only once during the course of their predicate offenses].)

    See also generally FORECITE National™ 276.8 [Multiple Counts].