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Cross And Crime (Ch 54 59) Raw 1 [NEW]


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Cross And Crime (Ch 54 59) Raw 1 [NEW]


Welcome to gdpr-info.eu. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. OJ L 127, 23.5.2018 as a neatly arranged website. All Articles of the GDPR are linked with suitable recitals. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states to harmonize data privacy laws across Europe. If you find the page useful, feel free to support us by sharing the project.


Mandatory minimums are found in two federal firearms statutes. One, the Armed Career Criminal Act, deals exclusively with recidivists.1 The other, 924(c), attaches one of several mandatory minimum terms of imprisonment whenever a firearm is used or possessed during and in relation to a federal crime of violence or drug trafficking.2 Section 924(c) has been the subject of repeated Supreme Court litigation3 and regular congressional amendment since its inception in 1968.4


Section 924(c), in its current form, imposes one of several different minimum sentences when a firearm is used or possessed in furtherance of another federal crime of violence or of drug trafficking. The mandatory minimums, imposed in addition to the sentence imposed for the underlying crime of violence or drug trafficking, vary depending upon the circumstances:


The mandatory minimum sentences were added to 924 as a floor amendment to the Gun Control Act of 1968.6 The amendment, as introduced, called for a 10-year minimum of imprisonment to be imposed when a firearm was used in the commission of various state and federal crimes of violence.7 A substitute amendment reduced the minimums from 10 years to one year for a first offense, and from 25 years to five years of subsequent offenses.8 It limited its application to federal felonies, but also barred a sentencing court from imposing the sanction as a concurrent sentence, from suspending the sentence, or from imposing a probationary sentence.9 The impact was somewhat mitigated by a 1971 amendment which reduced the minimum for second and subsequent offenses from five years to two years.10 Moreover, until the Sentencing Reform Act of 1984 eliminated parole, a federal offender was eligible for parole after serving the lesser of one-third of his sentence or 10 years.11


The Sentencing Reform Act also rewrote 924(c) limiting its application to firearms-related federal crimes of violence, but changing its mandatory minimums to a flat five-year term of imprisonment for first offenders and a flat 10-year term for a second or subsequent conviction.12


Section 924(c) is triggered when a firearm is used or possessed in furtherance of a predicate offense. The predicate offenses are crimes of violence and certain drug trafficking crimes. The drug trafficking predicates include any felony violation of the Controlled Substances Act, the Controlled Substances Import and Export Act, or the Maritime Drug Law Enforcement Act.24


The crime of violence predicates are statutorily defined as any federal felony that either (A) "has as an element the use, attempted use, or threatened use of physical force against the person or property of another," or (B) "by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."25


The Supreme Court has addressed several other aspects of 924(c), but it has yet to decide what constitutes a crime of violence for purposes of the section. The Court has, however, construed comparable language in the federal criminal code's general definition of the term "crime of violence" in 18 U.S.C. 16,26 and the roughly corresponding language in the Armed Career Criminal Act's definition of the term "violent felony" in 18 U.S.C. 924(e)(2)(B).27


Application of the element clause of the definition is fairly straightforward. A crime, one of whose elements is use or threaten




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