Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Addison

United States District Court, D. South Carolina, Columbia Division

February 26, 2019

United States of America,
v.
Sean Robert Addison, Defendant.

          OPINION AND ORDER

          CAMERON McGOWAN CURRIE SENIOR UNITED STATES DISTRICT JUDGE.

         Defendant 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.

         I. Background

         On July 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.

         Defendant was convicted of all four counts after a trial by jury. ECF No. 221.

         On 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.

         II. 18 U.S.C. § 924(c)

         Title 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).[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 violence” as:

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.[2]

18 U.S.C. § 924(c)(3).

         III. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.