United States v. James Hunter

Hunter pled guilty to receiving, while a felon, a firearm shipped in interstate commerce, 18 U.S.C. § 922 (g)(1), and drug trafficking with a firearm, 18 U.S.C. § 924 (c)(1). The court interpreted section 924(c)(1) to require that the sentence imposed under that section run consecutively to rather than concurrently with any other sentence imposed. Hunter appeals claiming section 924(c)(1) is ambiguous and should be given a more lenient interpretation permitting the court to impose concurrent rather than consecutive sentences.

The pertinent language of section 924(c)(1) provides:

18 U.S.C. § 924 (c)(1) (emphasis added).

We see no ambiguity in the statute in this respect. The first sentence unequivocally states that when a gun is used in a crime of violence or drug trafficking, a sentence of five years shall be imposed under section 924(c)(1) in addition to whatever sentence is imposed for the underlying crime of violence or drug trafficking. The last sentence does not contradict or change the meaning of the first. It clearly adds that the sentence imposed under section 924(c)(1) shall be consecutive to any other sentence the defendant receives, including any sentence imposed for…