· 6/4/2004
United States v. Leon Combs
Citations
- 369 F.3d 925
- 2004 U.S. App. LEXIS 10949
- 2004 WL 1225618
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a constructive amendment had occurred where the jury instructions mixed elements of two distinct offenses
- holding that a constructive amendment had occurred where the jury instructions mixed elements of two distinct offenses
- holding that a constructive amendment occurred where the jury instruction broadened the scope of liability from “possession” of a firearm to “use” of a firearm
- concluding that “ ‘in furtherance of ... requires the government to prove ... that the firearm’s presence in the vicinity of the crime was something more than mere chance or coincidence”
- emphasizing that where the constitutional rights at issue “are not threatened, rules governing indictments should not be applied in such a way as to defeat justice fairly administered”
- noting that “possession of a firearm during and in relation to a drug trafficking crime” is not a chargeable offense
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Cook, Siler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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