U.S. v. MARTINEZ

No. 92-30379.

7 F.3d 146 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Roberto MARTINEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 24, 1993.

As Amended November 9, 1993.


Attorney(s) appearing for the Case

Donald E. Kresse, Jr., Asst. U.S. Atty., Yakima, WA, for plaintiff-appellant U.S.

Antonio Salazar, Salazar Law Offices, Seattle, WA, for defendant-appellee Roberto Martinez.

Before: BEEZER, HALL, Circuit Judges, and CONTI, District Judge.


CONTI, District Judge:

18 U.S.C. § 924(c)(1) imposes criminal liability for using or carrying a weapon "during and in relation to any crime of violence or drug trafficking." That section also provides for mandatory minimum sentences according to the type of weapon used or carried. The prescribed sentence increases as the dangerousness of the weapon increases.

Appellee Martinez was convicted under section 924(c)(1) for using both a hand gun and a machine...

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