United States District Court, D. South Carolina, Columbia Division
OPINION AND ORDER
CAMERON McGOWAN CURRIE SENIOR UNITED STATES DISTRICT JUDGE.
filed a pro se motion in this court pursuant to 28 U.S.C.
§ 2255. ECF No. 607. The Federal Public Defender
thereafter filed a supplemental motion, challenging
Defendant's conviction for a violation of 18 U.S.C.
§ 924(c). ECF No. 620. The Government filed a response
in opposition and a motion for summary judgment. ECF Nos.
626, 627. Defendant, though counsel, filed a response in
opposition to the Government's motion. ECF No. 629.
14, 1999, Defendant was charged with four counts: Count 1,
conspiracy to commit Hobbs Act Robbery, in violation of 18
U.S.C. § 1951(b)(3); Count 2, conspiracy to use, carry
and brandish firearms during and in relation to, and possess
firearms in furtherance of crimes of violence, specifically
Hobbs Act Robbery, in violation of 18 U.S.C. §§ 924
(o); Count 14, Hobbs Act Robbery committed April 29, 1999, in
violation of § 1951; and Count 15, on April 29, 1999,
knowingly using, carrying, brandishing, and discharging a
firearm during and in relation to a Hobbs Act Robbery, in
violation of 18 U.S.C. § 924(c). ECF No.1.
was convicted of all four counts after a trial by jury. ECF
March 28, 2000, Defendant appeared for sentencing. The court
(Shedd, J.) sentenced Defendant to a total term of 241
months, consisting of 121 months on counts 1, 2, and 14, to
run concurrently, and 120 months consecutive as to count 15.
ECF No. 282. He was also sentenced to a total term of five
years of supervised release, consisting of 3 years on counts
1, 2, and 14, and 5 years on count 15. Id. The
Fourth Circuit affirmed on May 18, 2001.
18 U.S.C. § 924(c)
18 U.S.C. § 924(c) provides that a defendant shall be
subject to a consecutive sentence if he or she, “during
and in relation to any crime of violence or drug trafficking
crime. . . 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. . .
.” 18 U.S.C. § 924(c)(1)(A).
“drug trafficking crime” for purposes of §
924(c) 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.” 18 U.S.C. §
924(c)(2). The statute defines a “crime of
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
(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
18 U.S.C. § 924(c)(3).