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· 3/25/1996

United States v. Gilberto Giraldo, Andres Emilio Fermin, and Jose Angel Tellez

Citations

  • 80 F.3d 667
  • 1996 U.S. App. LEXIS 5321

How courts have described this case

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

  • explaining that the determination of “whether several transactions are part of the same course of conduct is a factual one, and the district court’s finding may not be overturned unless it is clearly erroneous”
  • requiring reason able foreseeability if extending responsibility under conspiracy theory, and specific knowledge and affirmative act relating to firearm if culpability is to be extended through aiding and abetting
  • abrogated on other grounds by Muscarello v. United States, 524 U.S. 125, 118 S.Ct 1911, 141 L.Ed.2d 111 (1998)
  • defendant \carried\ a firearm when he drove to the site of a planned narcotics transaction with a gun concealed in his car's central console beneath the change dish
  • defendant “carried” a firearm when he drove to the site of a planned narcotics transaction with a gun concealed in his ear’s central console beneath the change dish
  • gun transported in defendant’s car during narcotics transaction

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Walker, Heaney

Read full opinion on CourtListener

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.