Muscarello v. United States

Through the years, Congress created a variable penalty with no set minimum sentence for persons who "transport," or "ship" or "receive," a firearm even when knowing it was to be used to commit a crime. However, a five year mandatory minimum sentence must be imposed upon individuals who "carry" a firearm "during and in relation to" a "drug trafficking crime." The mandatory sentence was intended to apply to anyone bringing a weapon with them, either actually on them or in their car, to the site of a drug sale.

Frank J. Muscarello, unlawfully sold marijuana, which he carried in his truck to the place of sale. Police officers found a handgun locked in the truck's glove compartment. During plea proceedings, Muscarello admitted that he had "carried" the gun "for protection in relation" to the drug offense. Later, he claimed to the contrary, adding that, in any event, his "carrying" of the gun in the glove compartment did not fall within the scope of the word "carries" in the legal codes.

In a separate incident, Donald Cleveland and Enrique Gray-Santana traveled by car to a proposed drug-sale with several guns placed in a bag in the vehicle trunk. Their intent was to steal drugs from the sellers. Federal agents stopped them and in searching the car found the guns and drugs. They were placed under arrest.

All three individuals were later convicted of having "carried" guns as part of committing a drug trafficking offenses and sentenced to prison under the mandatory firearms sentence. In both cases an appeals courts reaffirmed the convictions. Both cases were then appealed to the Supreme Court pursuing the question as to whether the phrase "carries a firearm" applied only to the carrying of firearms on the person or if it also applied to individuals knowingly possessing and conveying firearms in a glove compartment or vehicle trunk. The Court combined the two cases, Cleveland v. Unites States with Muscarello , for consideration. The Court granted certiorari to determine if guns found in locked glove compartments or car trunks should not be considered under the mandatory sentencing or protected under the Second Amendment.