United States v. Bruce Allen Hughes

410 F. App'x 285
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 24, 2011
Docket10-10775
StatusUnpublished
Cited by2 cases

This text of 410 F. App'x 285 (United States v. Bruce Allen Hughes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bruce Allen Hughes, 410 F. App'x 285 (11th Cir. 2011).

Opinion

PER CURIAM:

Between May 7, 1997, and February 21, appellant engaged in a massive armed bank robbery spree throughout northern Georgia and Tennessee. In all, the authorities concluded that he was involved in 29 armed bank robberies. Two grand juries indicted him for, and he pled guilty to, committing the following offenses set out in Title 18 of the U.S.Code: two counts of conspiring to interfere with commerce, in violation of § 1951; five counts of bank robbery, in violation of § 2113(a) & (d); five counts of using a firearm during and in relation to a crime of violence, in violation of § 924(c); one count of felon in possession of a firearm, in violation of § 922(g)(1). The district court sentenced Hughes to a total of 1524 months’ imprisonment. Specifically, for the two conspiracy counts and the five bank robbery counts, the court imposed sentences of 240 months’ imprisonment. For the count of possession of a firearm by a felon, the court imposed a sentence of 120 months. All of these sentences were ordered to run concurrently with each other. For the five counts of using a firearm during and in relation to a crime of violence, the court imposed statutory minimum sentences of 84 months on the first count and 300 months on each of the other four counts, to run consecutively to each other and to the remaining counts of the indictments. Hughes now appeals, presenting several arguments.

I.

Hughes argues that the district court erred in imposing consecutive, rather than concurrent, sentences under 18 U.S.C. § 924(c) for his convictions for using a firearm during and in relation to a crime of violence. We review de novo the question of statutory interpretation his argument presents. United States v. Tate, 586 F.3d 936, 946 (11th Cir.2009), cert. denied, (U.S. Nov. 29, 2010) (No. 09-8888).

A.

First, Hughes argues that the “except” clause in 18 U.S.C. § 924(c) prevents the imposition of consecutive sentences.

The relevant provision states:

Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime ...

18 U.S.C. § 924(c)(1)(A). The subsection then lists mandatory minimum punishments for various specific acts. Id. § 924(c)(1)(A). If a firearm is brandished, the minimum term is seven years’ imprisonment. Id. § 924(c)(l)(A)(ii). The statute further states: “In the case of a second or subsequent conviction under this *287 subsection, the person shall ... be sentenced to a term of imprisonment of not less than 25 years.” Id. § 924(c)(l)(C)(i). Moreover, “no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person.” Id. § 924(c)(l)(D)(ii).

In United States v. Tate, 586 F.3d 936, 946-47 (11th Cir.2009), we held that the “except” clause did not prevent the imposition of consecutive sentences for each of the defendant’s firearm convictions under § 924(c). See also United States v. Phaknikone, 605 F.3d 1099, 1111 (11th Cir.2010) (“Section 924 requires consecutive sentences for [defendant’s] convictions under that statute.”). Recently, the Supreme Court agreed, interpreting the “except” clause to allow consecutive sentences. Abbott v. United States, 562 U.S.-, 131 S.Ct. 18, 22-31, 178 L.Ed.2d 348 (2010). Abbott held that a defendant is “subject to the highest mandatory minimum specified for his conduct in § 924(c), unless another provision of law directed to conduct proscribed by § 924(c) imposes an even greater mandatory minimum.” Id. at-, 131 S.Ct. at 23.

In light of Tate and Abbott, Hughes’s argument regarding the “except” clause of § 924(c) is foreclosed.

B.

Hughes argues that his convictions under § 924(c) could not be deemed “second or subsequent,” since the district court accepted his plea of guilty on all counts simultaneously, and, therefore, the Supreme Court’s decision in Deal v. United States, 508 U.S. 129, 113 S.Ct. 1993, 124 L.Ed.2d 44 (1993), is inapplicable. Furthermore, Hughes contends that Deal was wrongly decided.

The Supreme Court in Deal reasoned that “conviction” means a “finding of guilt by a judge or jury,” and “findings of guilt on several counts are necessarily arrived at successively in time.” Deal, 508 U.S. at 132-33 & n. 1, 113 S.Ct. at 1996-97 & n. 1. Therefore, multiple convictions in the same prosecution were “second or subsequent” under § 924(c), and warranted consecutive sentences. Id. at 131-37, 113 S.Ct. at 1995-99. While Deal does not specifically address guilty pleas, we analyzed § 924(c) prior to Deal and explained that, while “subsequent” means “following in time, order, or place,” the term “second” only means “one more after the first, or another or additional conviction.” United States v. Rawlings, 821 F.2d 1543, 1545 (11th Cir.1987). Therefore, multiple § 924(c) convictions stemming from the same indictment triggered the enhanced penalty provision. Id. We reasoned that interpreting the statute any differently would lead to “incongruous results,” encouraging prosecutors to bring separate indictments for each § 924(c) violation in order to secure the enhanced penalty. Id. at 1546.

Under the interpretation of § 924(c) advanced in Rawlings, 821 F.2d at 1545-46, Hughes’s argument fails. Furthermore, we are bound to follow the Supreme Court’s precedent. Accordingly, the district court committed no error in imposing consecutive 300 months’ sentences for Hughes’s multiple § 924(c) convictions.

II.

Hughes contends that his total sentence of 1524 months is substantively unreasonable and is unlawful under 18 U.S.C. § 3553(a).

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Related

United States v. Robles
709 F.3d 98 (Second Circuit, 2013)
Hughes v. United States
180 L. Ed. 2d 237 (Supreme Court, 2011)

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Bluebook (online)
410 F. App'x 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bruce-allen-hughes-ca11-2011.