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US v. Ressam, 07-455

A circuit court's decision setting aside defendant's conviction on a count of carrying an explosive "during the commission of" a felony is reversed where, under a natural reading of 18 U.S.C. section 844(h)(2), since defendant was carrying explosives when he feloniously made a false statement to a customs official, he was carrying them "during" the commission of that felony. Contrary to the court of appeals' ruling, there is no requirement of a relationship between possession of the item in question and the underlying felony.

Appellate Information

  • Decided 05/19/2008
  • Published 05/19/2008

Judges

Court

  • United States Supreme Court

Counsel