SCHAFER

v.

UNITED STATES

Citator

Cited By (96 total)

• United States v. Matra, 841 F.2d 837 (8th Cir. 1988)
  ….” Id. at 1312.9 We can discern no material difference between the facts found sufficient in Grant to support conviction under § 924(c) and the facts of the present case. Similarly, in United States v. Moore, 580 F. 2d 360 (9th Cir.), cert. denied, 439 U.S. 970, 99 S.Ct. 463, 58 L.Ed.2d 430 (1978), the defendant was arrested while walking toward a bank.10 He was wearing gloves and a ski mask, was carrying two pillow cases, and had a loaded pistol concealed in the waistband of his trousers. The Ninth Circui…
• United States v. LaGUARDIA, 774 F.2d 317 (8th Cir. 1985)
  …ed the guns as part of a tight security operation to protect large quantities of cocaine and hence to commit the felony of possessing cocaine with intent to distribute.” Id. at 1312. In United States v. Moore, 580 F. 2d 360 (9th Cir.), cert. denied, 439 U.S. 970, 99 S.Ct. 463, 58 L.Ed.2d 430 (1978), the defendant, while proceeding toward a bank he had planned to rob, was arrested for attempted bank robbery. A loaded pistol was concealed in the waistband of his trousers. The court upheld the conviction under…
• United States v. Stewart, 779 F.2d 538 (9th Cir. 1985)
  …se arising under the statute, we suggested that “Congress did not intend to penalize one who happens to have a gun in his possession when he commits an entirely unrelated offense.” United States v. Moore, 580 F. 2d 360, 362 (9th Cir.), cert. denied, 439 U.S. 970, 99 S.Ct. 463, 58 L.Ed.2d 430 (1978). We interpret the statute that applied to Stewart as if it contained the requirement that the firearm be possessed “during and in relation to” the underlying offense. If the firearm is within the possession or c…