US v. Luong, No. 09-10265

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."

Related Resources

• Read the Ninth Circuit's decision in US v. Luong, No. 09-10265