Circuit split · criminal law
Whether 18 U.S.C. § 844(h)(2)'s prohibition on carrying an explosive during the commission of a felony requires that the explosive be carried 'in relation to' the underlying felony
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.” — Creates a split
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 →
What the split turns on
- 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. See all circuit splits.