Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Dean v. United States

  • Oral Argument heard on March 4, 2009.
  • Issue: When a defendant accidentally discharges a firearm during a crime of violence or drug trafficking, is it still subject to a ten-year sentencing enhancement under 18 U.S.C. § 924(c)(1)(A)(iii)?
  • Background: On November 10, 2004, Christopher Michael Dean robbed a bank while carrying a pistol. While Dean was behind the counter, quickly grabbing money from a drawer, he accidentally discharged his gun into his right hand. Dean argues that his conviction was erroneous because § 924(c)(1)(A)(iii), which enhances the sentence of a defendant who discharges a firearm, includes an intent element.



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