United States v. Lopez-Garcia, 565 F.3d 1306 (11th Cir. Apr. 21, 2009) (Georgia conviction for violation of Ga.Code Ann. 16-11-106(b) [possession of a firearm during commission of a crime] is close enough an equivalent to 18 U.S.C. 924(c) to result in 16-level enhancement for illegal-reentry sentencing after commission of a firearms offense; neither the statute of conviction, nor 18 U.S.C. 924(c) require "active employment" of the firearm; neither require transportation; it is sufficient that the firearm was found in proximity of the gun to the drugs and drug profits).

jurisdiction: 
Eleventh Circuit

 

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