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MUSCARELLO v. UNITED STATES

No. 96-1654.

524 U.S. 125 (1998)

MUSCARELLO v. UNITED STATES

United States Supreme Court.

Decided June 8, 1998.

Attorney(s) appearing for the Case

Robert H. Klonoff argued the cause for petitioner in No. 96-1654. With him on the briefs were Gregory A. Castanias, Paul R. Reichert, and Ron S. Macaluso. Norman S. Zalkind, by appointment of the Court, 522 U.S. 1074, argued the cause for petitioners in No. 96-8837. With him on the briefs were Elizabeth A. Lunt, David Duncan, and John H. Cunha, Jr., by appointment of the Court, 522 U.S. 1074.

James A. Feldman argued the cause for the United States in both cases. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.†

Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, and Thomas, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Souter, JJ., joined, p. 139.

Justice Breyer, delivered the opinion of the Court.

A provision in the firearms chapter of the federal criminal code imposes a 5-year mandatory prison term upon a person who "uses or carries a firearm" "during and in relation to" a "drug trafficking crime." 18 U. S. C. § 924(c)(1). The question before us is whether the phrase "carries a firearm" is limited to the carrying of firearms on the person. We hold that it is not so limited. Rather, it also applies to...

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