United States Second Circuit

Consecutive sentences for conviction of two counts of possession of a firearm in furtherance of a crime of violence or drug trafficking crime, in violation of 18 U.S.C. section 924(c), are affirmed where: 1) the US Supreme Court's decision in Alleyne v. US, 133 S. Ct. 2151 (2013) does not alter this Court's prior holding in US v. Anglin, 284 F.3d 407 (2d Cir. 2002) (per curiam), that the existence of a 'second or subsequent' section 924(c) conviction is a sentencing factor that need not be submitted to a jury; and 2) defendant's two section 924(c) convictions were not multiplicitous because there was an ample basis for the jury to convict defendant for two separate violations of section 924(c).

Appellate Information

• Published 2016/08/30

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel