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Legal Opinion

United States v. Joseph B. Kelsey

Court of Appeals for the Tenth Circuit

Decided January 20, 1994No. 93-4004PublishedCited by 20 opinions

1Opinion of the Court

TACHA, Circuit Judge.

Joseph B. Kelsey appeals his conviction under 18 U.S.C. § 924(e) for possession of a firearm during and in relation to a drug trafficking crime. Mr. Kelsey appeals on the grounds that a conviction under § 924(c) must be supported by an underlying conviction of a drug trafficking offense. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. 1

I. Background

On September 5, 1990, Mr. Kelsey was convicted of three counts of possession with intent to distribute controlled substances in violation of 21 U.S.C. § 841(a)(1) (1988), 2 and one count of carrying a firearm…

2Cases cited8 opinions

  1. United States v. John Wesley Morehead, Sr., John Wesley Morehead, Jr., and Jackie Ray HillCourt of Appeals for the Tenth Circuit · 1992
  2. United States v. Duvalier Antonio DavisCourt of Appeals for the Tenth Circuit · 1990
  3. United States v. Jackie Ray HillCourt of Appeals for the Tenth Circuit · 1992
  4. United States v. Ricardo Ruiz and Tyrone Michael CrawfordCourt of Appeals for the Fifth Circuit · 1993
  5. United States v. Joseph B. KelseyCourt of Appeals for the Tenth Circuit · 1991

3 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Fisher v. GibsonCourt of Appeals for the Tenth Circuit · 2001
  2. United States v. Billy W. HillCourt of Appeals for the Tenth Circuit · 1995
  3. United States v. Martin Iribe-PerezCourt of Appeals for the Tenth Circuit · 1997
  4. United States v. Gary ApkerCourt of Appeals for the Eighth Circuit · 1999
  5. United States v. PowellCourt of Appeals for the Tenth Circuit · 1998

15 more not listed; retrieve them via the Exa API.

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