Kansas Jury Instruction - Carrying - Using Firearm or Weapon In Relation to Drug Trafficking Offense or Crime of Violence
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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.
The Taylor Analysis, as laid out in Taylor, states: The sentencing court must generally adopt a formal categorical approach in applying the enhancement provision, looking only to the fact of conviction and the statutory definition of the predicate offense, rather than to the particular underlying facts.
A 924(c) conviction is basically a firearm conviction where the firearm was used in furtherance of a federal drug crime or violent crime. At the minimum, use of a firearm carries a five year mandatory minimum.
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 ...
§ 924(c) sets forth two different crimes: (1) using or carrying a firearm during an in relation to a drug trafficking crime; and (2) possessing a firearm in furtherance of a drug trafficking crime.
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).