United States v. Joe Charles Beaudion

Joe Charles Beaudion appeals the sentence resulting from his guilty plea to one count of bank robbery, in violation of 18 U.S.C. § 2113 (a), and one count of use of a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924 (c)(1). The district court sentenced Beaudion to 33 months for bank robbery and 84 months for “brandishing” the firearm in the robbery, with the latter period determined in accordance with the graduated scale of mandatory minimum sentences in § 924(c)(1)(A)(i)-(iii). Beaudion challenges the district court’s decision to apply the mandatory minimum sentence for “brandishing” the firearm, rather than for simple “use” of the firearm, which provides a lower minimum sentence. Beaudion argues that the statutory terms “use” and “brandish” are ambiguous, and that as a result the statutory scheme provides two different sentences for the same conduct. Beaudion also argues that, under Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and United States v. Booker, — U.S. —, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the factual determination of “brandishing” for purposes of establishing a statutory minimum sentence must be…