Legal Opinion

Dean v. United States

Supreme Court of the United States

Decided April 29, 2009No. 08-5274PublishedCited by 258 opinions

1Opinion of the CourtChief Justice Roberts

Accidents happen. Sometimes they happen to individuals committing crimes with loaded guns. The question here is whether extra punishment Congress imposed for the discharge of a gun during certain crimes applies when the gun goes off accidentally.

I

Title 18 U. S. C. § 924(c)(1)(A) criminalizes using or carrying a firearm during and in relation to any violent or drug trafficking crime, or possessing a firearm in furtherance of such a crime. An individual convicted of that offense receives a 5-year mandatory minimum sentence, in addition to the punishment for the underlying crime. §…

2Cases cited12 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Staples v. United StatesSupreme Court of the United States · 1994
  4. Smith v. United StatesSupreme Court of the United States · 1993
  5. Harris v. United StatesSupreme Court of the United States · 2002

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

3Cited by258 opinions

  1. Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
  2. Mississippi Ex Rel. Hood v. AU Optronics Corp.Supreme Court of the United States · 2014
  3. Joan Kedra v. Richard SchroeterCourt of Appeals for the Third Circuit · 2017
  4. United States v. O’BrienSupreme Court of the United States · 2010
  5. United States v. BroxmeyerCourt of Appeals for the Second Circuit · 2012

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

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