United States DC Circuit

Although the trial court erroneously instructed the jury that defendant could be guilty of "using or carrying" a firearm under 18 USC 924(c)(1) by constructively possessing it, the error was harmless because the evidence showed defendant in actual possession of the gun.

Appellate Information

• Argued 10/10/2000
• Decided 06/26/2001
• Published 06/26/2001

Judges

• Before:  EDWARDS, Chief Judge, GARLAND, Circuit Judge, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sandra G. Roland, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A. J. Kramer, Federal Public Defender.


• For Appellees:
  
• Mary B. McCord, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and John R. Fisher, Mary-Patrice Brown and Robert D. Okun, Assistant U.S. Attorneys.