May one be convicted of possessing a firearm during a crime of violence, 18 USC [section] 924(c)(1), (bank robbery) solely upon an admission that a weapon was carried?

The answer is no for at least two reasons. First, a defendant generally cannot be convicted solely upon his uncorroborated confession, at least where 'the admission is made after the fact to an official charged with investigating the possibility of wrongdoing, and the statement embraces an element vital to the government's case', Smith v. U.S., 348 U.S. 147 (1954).

Second, there must be some direct evidence that the firearm was indeed carried or possessed (though it need not be displayed) during or in relation to a crime of violence or drug trafficking crime. A recent 5th Circuit case has brought these factors into focus where defendant was convicted of the robbery of …