United States Second Circuit

A defendant may not be sentenced to two mandatory, consecutive prison terms under 18 USC 924(c)(1) when he possesses a single firearm during a single drug transaction that results in separate drug possession and drug distribution offenses.

Appellate Information

• Decided 04/05/2001
• Published 04/05/2001

Judges

• FEINBERG, Circuit Judge:, Before FEINBERG, WINTER and LEVAL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Denise E. O'Donnell, Rochester, New York (United States Attorney Western District of New York, Bret A. Puscheck, Assistant United States Attorney, of Counsel), for Appellee., Mark D. Hosken, Rochester, New York (Assistant Federal Defender Western District of New York, Jay S. Ovsiovitch, of Counsel), for Defendant Appellant.