Miguel Gonzales, Orlenis Hernandez Diaz, and Mario Perez were convicted in New Mexico state court on charges arising from their use of guns to holdup undercover officers during a drug sting. After they began to serve their state sentences, they were convicted by a District Court on federal drug and firearm charges related to the sting. Federal law requires a five-year prison sentence for carrying a gun while committing a crime. A Court of Appeals vacated the additional firearms sentences on the ground that they should have run concurrently with the state prison terms.
Can the federal mandatory five-year prison term for carrying a gun while committing a crime be served concurrently with a separate state sentence?
No. In a 7-to-2 decision delivered by Justice Sandra Day O'Connor, the Court announced "[t]he plain language of (the law) forbids a district court to direct that a term of imprisonment under the statute run concurrently with any other term of imprisonment, whether state or federal."
Decisions
Decision: 7 votes for United States, 2 vote(s) against Legal provision: 18 U.S.C. 924
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Full Opinion by Justice Sandra Day O'Connor
