Indiana Jury Instruction - Carrying - Using Firearm or Weapon In Relation to Drug Trafficking Offense or Crime of Violence

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

§ 924(c). [1] Offenses under 18 U.S.C. § 924(c) involve the use or carrying of a firearm during and in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of those crimes.

73 months for offenders convicted only under section 924(c). 132 months for offenders also convicted of an offense not carrying a mandatory minimum. 207 months for offenders determined to be career offenders. 330 months for offenders convicted under multiple counts of section 924(c).

It modified the language of § 924(c) to clearly state that the mandatory minimum sentence of 25 years for any ?second or subsequent? offense only applies ?after a prior conviction under this subsection has become final.? Thus, the enhanced mandatory consecutive penalty no longer applies to multiple § 924(c) violations ...

Mandatory minimum sentences require judges to impose a sentence of a term of imprisonment of at least the time specified in a statute, a requirement generally triggered by the offense of conviction and/or the defendant's recidivism.

A mandatory minimum is a sentence, created by Congress or a state legislature, which the court must give to a person convicted of a crime, no matter what the unique circumstances of the offender or the offense are.

[1] Offenses under 18 U.S.C. § 924(c) involve the use or carrying of a firearm during and in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of those crimes.

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Indiana Jury Instruction - Carrying - Using Firearm or Weapon In Relation to Drug Trafficking Offense or Crime of Violence