United States v. Darlina K. France

Darlina France shot her husband after an argument. The event appears to have been merely the most violent moment in a relationship that had for some time been less than idyllic. Since the shooting occurred on the military base where the couple lived, it fell within the “special territorial jurisdiction” of the United States, see 18 U.S.C. § 113 , and made France liable for a federal offense. The Government charged her with assault with intent to murder, assault resulting in serious bodily injury, 18 U.S.C. § 113 (a), (f), and using a firearm in the commission of a felony, 18 U.S.C. § 924 (c). She was found guilty on two assault-related charges and on the weapons count. The conviction under § 924(c) carried with it a five-year mandatory prison term, without the possibility of probation or parole.

Because of the circumstances surrounding the offense, events in the district court, and concerns about the constitutionality of § 924(c) as applied to France, we ordered supplemental briefing in this case after argument. In the interim, the Supreme Court decided Gomez v. United States, — U.S.-, 109 S.Ct. 2237 , 104 L.Ed.2d 923 (1989), holding that it is reversible error for federal…