United States V. Munoz - Second Circuit U.S. Court Of Appeals

United States V. Munoz

By Second Circuit U.S. Court Of Appeals

  • Release Date: 1998-04-22
  • Genre: Law
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United States V. Munoz Second Circuit U.S. Court Of Appeals Book Review Score: ★★★★★ 5/5 stars

Juan Munoz filed a 28 U.S.C. § 2255 motion to vacate his conviction for using and carrying a firearm during a drug transaction, in violation of 18 U.S.C. § 924(c)(1). Munoz challenged his conviction on two grounds: (1) the charge given to the jury regarding "use" under 18 U.S.C. § 924(c)(1) was erroneous in light of Bailey v. United States, 516 U.S. 137, 116 S. Ct. 501, 133 L.Ed.2d 472 (1995); and (2) the evidence adduced at trial was insufficient to support his conviction on the firearm count. The district court denied relief, finding that the erroneous charge to the jury regarding "use" constituted harmless error and that there was sufficient evidence to support the conviction under the "carry" prong of § 924(c). We affirm.

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