What happens if the defendant carries a firearm while attempting to regain possession of illegal drugs stolen from him, and the intended victim gains possession of the firearm and fires it?

As you saw in the text, simple possession of a firearm during commission of a drug trafficking crime results in enhanced penalties of 5 years in prison under the applicable federal statute. The enhanced penalty is 10 years if the firearm is discharged during commission of the crime.

What happens if the defendant carries a firearm while attempting to regain possession of illegal drugs stolen from him, and the intended victim gains possession of the firearm and fires it?

See United States v. Echeverry, 649 F.3d 159 (2nd Cir. 2011).

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