Circuit split · criminal law
Whether 18 U.S.C. § 844(h)(2) requires that an explosive be carried 'in relation to' the underlying felony, or whether merely carrying an explosive during the commission of any felony suffices.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Ressam491 F3D 997
Ninth Circuit Court of Appeals · June 6, 2007
“1985), the two-decade old decision of our court upon which the panel relied, does not compel the result reached, and, further, by extending Stewart and reading the “in relation to” language into § 844(h)(2), we have not only usurped the congressional function, but have also created a split of authority with every other United States Court of Appeals that has addressed this question.” — Split of authority
Empirical analysis of this case →
The provision at issue
18 U.S.C. § 844 — Penalties
“(a) Any person who— (1) violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both; and (2) violates subsection (p)(2) of section 842, shall be fined under this title, imprisoned not more than 20 years, or both. (b) Any person who violates any other provision of section 842 of this chapter shall be fined under this title or imprisoned not more than one year, or both. (c)(1) Any explosive materials involved or used or intended to be used in any …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 9th Cir.United States v. Ressam474 F.3d 597
“The panel thus reversed one count of conviction of “Mille-nium Bomber” Ahmed Ressam.” — United States v. Ressam, acknowledging the split
What the split turns on
- Anchor precedents:
- United States v. Stewart779 F.2d 538
- Statutes:
- 18 U.S.C. § 844(h)(2)
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.