Legal Opinion

United States v. Muscarello

Court of Appeals for the Fifth Circuit

Decided February 14, 1997No. 96-30591PublishedCited by 27 opinions

1Per curiam

In this direct criminal appeal, the government asks us to reverse the district court’s dismissal of one count in a multi-count indictment to which Defendant-Appellee Frank J. Muscarello had pled guilty. Count Three charged Muscarello with knowingly using and carrying a firearm in relation to a drug-trafficking offense, in violation of 18 U.S.C. § 924(c)(1). Based on the presentence report (PSR), the court dismissed Count Three, to which Muscarello had already pled guilty and on which he had already been convicted. Agreeing with the government that the district court erred in dismissing the…

2Cases cited6 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. United States v. Gilberto Pineda-Ortuno and Carlos Ramirez-CarranzaCourt of Appeals for the Fifth Circuit · 1992
  3. United States v. Brenda Lee Pigrum and Clarence AllenCourt of Appeals for the Fifth Circuit · 1991
  4. United States v. Steven BrewerCourt of Appeals for the Fifth Circuit · 1995
  5. United States v. Oscar Orlando RivasCourt of Appeals for the Fifth Circuit · 1996

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

3Cited by27 opinions

  1. Muscarello v. United StatesSupreme Court of the United States · 1998
  2. Ernest Young v. United StatesCourt of Appeals for the Seventh Circuit · 1997
  3. Antonio Rosario Jose Jeres Antonio Ramirez v. United StatesCourt of Appeals for the Second Circuit · 1998
  4. In Re Sealed Case 96-3167Court of Appeals for the D.C. Circuit · 1998
  5. United States v. SanchezCourt of Appeals for the Eleventh Circuit · 1998

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

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