United States Ninth Circuit

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US v. Thompson, 10-50381

Defendants' convictions under 18 U.S.C. section 844(h)(1) a penalty enhancement statute which imposes a mandatory ten-year consecutive sentence (in addition to the sentence for the underlying felony) on anyone who uses fire to commit any felony and the corresponding conspiracy counts are reversed and the sentences on the remaining counts of bank larceny are vacated and remanded for resentencing, where the penalty enhancement for using fire to commit a felony under the statute does not apply to the use of a thermal lance tool, which defendants used to open the back of an ATM in order to steal the money it contained.

Appellate Information

  • Decided 08/29/2013
  • Published 08/29/2013

Judges

  • REINHARDT

Court

  • United States Ninth Circuit

Counsel