United States v. Bran

Defendant was convicted of five criminal counts related to his involvement with a street gang (MS-13). On appeal, defendant principally challenged the district court's denial of his motion for judgment of acquittal on Count 3 (use of a firearm during a crime of violence causing death to another). The court concluded that the evidence is clearly sufficient to support defendant's conviction under 18 U.S.C. 924(j) where a jury was presented with substantial evidence from which to find that defendant aided and abetted a murder through the use of a firearm. The court also concluded that the district court did not err by treating his sentence for Count 3 as a mandatory consecutive sentence. The court held that the plain language of section 924(j) does not expressly answer the question of whether any term of imprisonment imposed thereunder must be consecutive. However, the language itself suggests that such a sentence must be consecutive, and to read section 924(j) otherwise would create an absurd result. Accordingly, the court affirmed the judgment of the district court. View "United States v. Bran" on Justia Law