United States Tenth Circuit

18 U.S.C. section 924(c)(1)(A)(iii) requires that a person who discharges a firearm during and in relation to a crime of violence receive a ten-year consecutive sentence. Because the provisions of section 924(c)(1)(A) are sentencing factors, not elements, it makes no difference whether the discharge was intentional or accidental.

Appellate Information

• Decided 12/31/2003
• Published 12/31/2003

Judges

• O'BRIEN, Circuit Judge., Before SEYMOUR, MURPHY and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, Albuquerque, New Mexico for Plaintiff-Appellant.


• For Appellees:
  
• Stephen P. McCue, Federal Public Defender, Robert F. Kinney, Assistant Federal Public Defender, and Shari Lynn Allison, Research & Writing Specialist, Office of the Federal Public Defender, Las Cruses, New Mexico, for Defendant-Appellee.