This section went all the way to the United States Supreme Court in Deal v. United States 113 S.Ct. 1993 (1993), in which Mr. Deal got a bad deal at court of 105 years in prison for possessing a firearm during five bank robberies. The Court explored whether “second or subsequent offense” meant that he would have to be convicted by judgment of the first bank robbery on a date before the second or subsequent convictions. The highest Court found that these offenses could be stacked, even if all convictions happened on one judgment and from one trial. The 105 year sentence was affirmed.
The “stacking” provision comes next in the statute, where it says:
“(D) Notwithstanding any other provision of law— (i) a court shall not place on probation any person convicted of a violation of this subsection; and (ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.
(2) For purposes of this subsection, the term “drug trafficking crime” means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.
(3) For purposes of this subsection the term “crime of violence” means an offense that is a felony and— (A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (4) For purposes of this subsection, the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.”
In reading all these, Congress has clearly outlined and defined harsh penalties for possessing a firearm in furtherance of drug trafficking or federal crimes of violence. To deal with these harsh statutes, you need to find a Board Certified attorney like Micah Belden who specializes in criminal defense, particularly federal criminal defense. Call me now at 903-744-4252 if you or a loved one are facing charges in Federal Court in Texas.