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U.S. v. MALCUIT

No. 95-3794.

104 F.3d 880 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas A. MALCUIT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 21, 1997.

Attorney(s) appearing for the Case

David A. Sierleja (argued and briefed), Office of the U.S. Attorney, Cleveland, OH, for Plaintiff-Appellee.

Debra M. Hughes (argued and briefed), Federal Public Defender's Office, Cleveland, OH, for Defendant-Appellant.

Before: LIVELY, NELSON, and RYAN, Circuit Judges.

LIVELY, Circuit Judge.

The single question for resolution of this appeal is whether the district court correctly determined that the presence of a firearm in the defendant's automobile at the time the defendant committed drug trafficking offenses constituted a violation of 18 U.S.C. § 924(c)(1), which mandates a sentence of five years in addition to the sentence for the underlying offense for anyone who "during and in relation to a crime of violence or drug trafficking...

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