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Offense Instruction 35.2 Using or Carrying a Firearm During a Violent Crime or Drug-Trafficking Crime

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US-JURY-11THCIR-O35-2-CR
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Offense Instruction 35.2 Using or Carrying a Firearm During a Violent Crime or Drug-Trafficking Crime is an instruction within the Federal Sentencing Guidelines. This offense instruction applies to individuals who are found guilty of using or carrying a firearm during a violent crime or drug-trafficking crime. This offense instruction can be charged as an enhancement of the underlying crime that was committed. This offense instruction can be divided into two categories: 1. Using a Firearm During a Violent Crime: This offense instruction applies to individuals who are found guilty of using a firearm during the commission of a violent crime. The enhancement applies to individuals who possess, brandish, or discharge a firearm in furtherance of a violent crime. 2. Carrying a Firearm During a Drug-Trafficking Crime: This offense instruction applies to individuals who are found guilty of carrying a firearm during the commission of a drug-trafficking crime. The enhancement applies to individuals who possess, brandish, or discharge a firearm in furtherance of a drug-trafficking crime. In either case, if the offender is found guilty of this offense instruction, they can be subject to enhanced sentencing penalties in addition to the underlying crime. These enhanced penalties could include an additional prison sentence of at least five years.

Offense Instruction 35.2 Using or Carrying a Firearm During a Violent Crime or Drug-Trafficking Crime is an instruction within the Federal Sentencing Guidelines. This offense instruction applies to individuals who are found guilty of using or carrying a firearm during a violent crime or drug-trafficking crime. This offense instruction can be charged as an enhancement of the underlying crime that was committed. This offense instruction can be divided into two categories: 1. Using a Firearm During a Violent Crime: This offense instruction applies to individuals who are found guilty of using a firearm during the commission of a violent crime. The enhancement applies to individuals who possess, brandish, or discharge a firearm in furtherance of a violent crime. 2. Carrying a Firearm During a Drug-Trafficking Crime: This offense instruction applies to individuals who are found guilty of carrying a firearm during the commission of a drug-trafficking crime. The enhancement applies to individuals who possess, brandish, or discharge a firearm in furtherance of a drug-trafficking crime. In either case, if the offender is found guilty of this offense instruction, they can be subject to enhanced sentencing penalties in addition to the underlying crime. These enhanced penalties could include an additional prison sentence of at least five years.

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Offense Instruction 35.2 Using or Carrying a Firearm During a Violent Crime or Drug-Trafficking Crime