The Us V. Rodriguez-Moreno

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1. In the case of The United States v. Rodriquez-Moreno the defendant was hired by a drug distributor to retrieve stolen drugs. During this process the defendant kidnapped a middle man, transporting the victim through the states of Texas, New Jersey, New York and Maryland in his attempt to retrieve the stolen drugs. While in Maryland, the defendant came into possession of a revolver, which he used to threaten the victim. Shortly after the victim was able to escape and he called the police. The defendant was tried at a New Jersey Court, where along with other charges, he was charged with violation of 18 U.S.C. 924(c) (1). 18 U.S.C. 924 (c)(1) states that if an individual possesses or uses a firearm during an act related to violence or drugs, …show more content…

v. Rodriguez-Moreno was a crime of continuance and not a crime that occurred only at one point and time we look to United States v. Cabrales. In this case we see a money laundering scheme in which the defendant deposited $40,000, revenue from cocaine sales in Missouri, to her bank in Florida. The defendant was found to only be guilty of money laundering in the state of Florida and not Missouri, “the court said that Cabrales was not accused of a continuing offense, but was charged with money laundering transactions that began, continued, and were completed only in Florida (U.S. v. Cabrales, …show more content…

v. Rodriguez-Moreno the kidnapping offense was ongoing, while the cocaine sale in United States v. Cabrales was a completed action by the time the money laundering crime occurred. After the sale was final the defendant took profits from the drug distribution and committed the crime of money laundering. In U.S. v. Rodriguez-Moreno the kidnapping was an ongoing crime that was still in occurrence when the violation of 924(c)(1) occurred. For that reason kidnapping and possessing a firearm are not two separate crimes, but are attached. Consequently if one crime took place in one venue, the violation of a firearm is attached and the defendant must be charged with a violation in the same venue, “the underlying crime of violence is a critical part of the 924 (c)(1) offense (U.S. v. Rodriguez-Moreno,

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