United States v. Roberto Martinez

18 U.S.C. § 924 (c)(1) imposes criminal liability for using or carrying a weapon “during and in relation to any crime of violence or drug trafficking.” That section also provides for mandatory minimum sentences according to the type of weapon used or carried. The prescribed sentence increases as the dangerousness of the weapon increases.

Appellee Martinez was convicted under section 924(c)(1) for using both a hand gun and a machine gun in relation to the same drug trafficking offense. The district court sentenced Martinez to five years for his use of the hand gun and ignored the thirty year minimum sentence prescribed by Congress for Martinez’ use of the machine gun. The government appeals, asking this court to hold that where a defendant is convicted for using multiple weapons, the district court must impose the sentence prescribed for the most dangerous weapon.

We reverse and remand with instructions to the district court to impose the thirty year sentence.

I. FACTS

On August 17, 1989, Drug Enforcement Administration (DEA) agents arrested Ap-pellee Roberto Martinez in his home. The agents conducted a protective sweep of Martinez’ house. They uncovered over a kilogram of…