BEJARANO

v.

UNITED STATES

Citator

Cited By (31 total)

• United States v. McKINNELL, 888 F.2d 669 (10th Cir. 1989)
  …various firearms throughout defendant’s house); Matra, 841 F. 2d at 839, 841-43 (firearms secreted about house); United States v. Stewart, 779 F. 2d 538, 539 (9th Cir.1985) (defendant in front of house while uzi rifle in trunk of car), cert. denied, 484 U.S. 867, 108 S.Ct. 192, 98 L.Ed.2d 144 (1987); see also United States v. Theodoropoulos, 866 F. 2d 587, 597 (3d Cir.1989) (finding that three guns found in trash can on porch were not “used” under section 924(c) but loaded, accessible shotgun in plain view…
• United States v. Rocha, 916 F.2d 219 (5th Cir. 1990)
  …efendant’s residence); Robinson, 857 F. 2d at 1010 (firearms and ammunition found in defendant’s residence); United States v. Stewart, 779 F. 2d 538, 539 (9th Cir.1985) (firearm found in trunk of car while defendant in front of house), cert. denied, 484 U.S. 867, 108 S.Ct. 192, 98 L.Ed.2d 144 (1987). Moreover, this Circuit has found a violation of 18 U.S.C. § 924(c) in circumstances similar to the instant case. In United States v. Munoz-Fabela, 896 F. 2d 908, 911 (5th Cir.1990), law enforcement officers fou…
• United States v. Henning, 906 F.2d 1392 (10th Cir. 1990)
  …ly on the meaning of “in relation to” did not exclude an essential element under § 924(c)(1) from the jury’s consideration. The legislative history of this section was analyzed in United States v. Stewart, 779 F. 2d 538 (9th Cir.1985), cert. denied, 484 U.S. 867, 108 S.Ct. 192, 98 L.Ed.2d 144 (1987). In 1984, the phrase “during and in relation to” was substituted for “during” in § 924(c)(1). Circuit Judge (now Justice) Kennedy then reasoned that this substitution was not intended to create a new element of…