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US v. Luong, No. 09-10265

By FindLaw Staff on December 29, 2010 | Last updated on March 21, 2019

Firearm Usage Sentences Affirmed

In US v. Luong, No. 09-10265, the court affirmed defendants' sentences for use of a firearm in the commission of a violent crime where 1) defendants were not challenging their sentences but instead were challenging their convictions, a challenge that fell outside of the resentencing mandate of the court's previous decision; and 2) because section 924(c) required the sentences imposed, the district court did not err by giving defendants the mandatory sentences.

  • As the court wrote:  "This is John That Luong's and Mady Chan's second appeal from their convictions for the use of a firearm in the commission of a violent crime. Luong and Chan now ask us either to transmute their 18 U.S.C. § 924(c) sentences into 18 U.S.C. § 924(o) sentences or, for some of their section 924(c) convictions, to overturn them completely."

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