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Tenth Circuit· 10/22/2001

United States v. Basham

Citations

  • 268 F.3d 1199
  • 2001 U.S. App. LEXIS 22854
  • 2001 WL 1262098

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that there must be a “direct connection between the firearm and the drug offense”
  • holding reasonable suspicion supporting no‐knock warrant remained when application corrected to include presence of children in home
  • explaining that “possession of a firearm in proximity to drugs or drug proceeds” may be considered when deciding if a defendant possessed the weapons in furtherance of a drug trafficking crime
  • rejecting argument that “because a person is engaged in the drug trade, that person is likely to be dangerous and possess firearms”
  • rejecting the argument that “because a person is involved in the drug trade, that person is likely to be dangerous or possess firearms”
  • addressing these factors for the first time in our circuit, in connection with a jury instruction challenge, and concluding that they “would be relevant and helpful to a jury in determining the intent with which the weapon was possessed”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Brorby, Briscoe

Read full opinion on CourtListener

Cited by

65 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.