That the firearm during and in relation to the (name) (used)(carried) crime of During and in relation to means that the firearm (name of crime). must have had some purpose or effect with respect to The (name of crime). firearm must have at least facilitated or had the potential of facilitating (name of crime). In determining whether used or carried a firearm in relation to the (name) you may consider all of the factors received in evidence in the case (name of crime), including the nature of the underlying crime, how close was (name of crime), (name) to the firearm in question, the usefulness of the firearm to and the (name of crime), circumstances surrounding the presence of the firearm. The government is not required to show that actually displayed or (name) fired the weapon. However, the government must prove beyond a reasonable doubt that the firearm was in possession or under control at the time (name)’s (his)(her) that the crime of was committed and that the firearm facilitated or (name of crime) had the potential of facilitating the (name of crime). Comment Eleventh Circuit § 35.2; O’Malley et al., supra, § 39.20; 344 United States v. Williams, F.3d 365 (3d Cir. 2003). 18 U.S.C. §924(c)(1)(A) provides in part: [A]ny person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that
That (name) (used)(carried) the firearm during and in relation to the crime of (name of crime). During and in relation to means that the firearm must have had some purpose or effect with respect to (name of crime). The firearm must have at least facilitated or had the potential of facilitating (name of crime). In determining whether (name) used or carried a firearm in relation to the (name of crime), you may consider all of the factors received in evidence in the case including the nature of the underlying crime, (name of crime), how close (name) was to the firearm in question, the usefulness of the firearm to (name of crime), and the circumstances surrounding the presence of the firearm. The government is not required to show that (name) actually displayed or fired the weapon. However, the government must prove beyond a reasonable doubt that the firearm was in (name)’s possession or under (his)(her) control at the time that the crime of (name of crime) was committed and that the firearm facilitated or had the potential of facilitating the (name of crime). Comment Eleventh Circuit § 35.2; O’Malley et al., supra, § 39.20; United States v. Williams, 344 F.3d 365 (3d Cir. 2003). 18 U.S.C. §924(c)(1)(A) provides in part: [A]ny person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that
2017%20Chap%206%20FirearmOffenses%20revisions%20final.docx