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U.S. v. COTTO

No. 03-1477.

456 F.3d 25 (2006)

UNITED STATES of America, Appellee, v. Jose COTTO, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 2, 2006.

Attorney(s) appearing for the Case

Robert A. O'Meara for appellant.

John A. Capin, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before SELYA, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

The primary issue in this appeal is whether one who barters drugs for firearms has "used" the firearms within the meaning of 18 U.S.C. § 924(c)(1)(A), which provides for a mandatory five-year sentence for using a firearm "during and in relation to any . . . drug trafficking crime." The circuit courts have split rather closely on this question. We hold that bartering drugs for firearms constitutes "use" of the firearms under § 924(c...

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