United States v. Lewis Nathaniel Dixon

Lewis N. Dixon was convicted after a jury trial of one count of possession of heroin with intent to distribute, a violation of 21 U.S.C. § 841 (a)(1), and of one count of carrying a firearm unlawfully during the commission of a felony, a violation of 18 U.S.C. § 924 (c)(2). On appeal we consider the interpretation and effect of the firearms statute, the legality of a search and seizure, and the correctness of certain jury instructions.

Appellant did not raise any objection to the jury instructions at trial, but nevertheless argues that the trial court committed plain error in allowing the jury to find the defendant guilty of violating 18 U.S.C. § 924 (c)(2) as a separate offense. He argues that section 924(c)(2), which proscribes the unlawful carrying of a firearm during the commission of a felony, was not intended to create a separate federal crime, but was designed only to increase punishment. The argument advanced by appellant has been rejected by the several courts of appeals that have considered it. United States v. Crew, 538 F.2d 575 (4th Cir. 1976); United States v. Williams, 523 F.2d 1203, 1211 (5th Cir. 1975); United States v. Howard, 504 F.2d 1281 (8th Cir. 1974);…