United States v. Terry Finley

I respectfully dissent.

I agree with my colleagues as to Finley’s convictions on Counts I, II, III, V, and VI. I disagree, however, as to the conviction on Count IV. Under the unambiguous language of 18 U.S.C. § 924(c)(1), use of a firearm (i) to provide security during a drug sale and thereafter (ii) to protect the stash of drugs retained after the sale (and during the contemplated additional sales) constitutes two separate firearm crimes in furtherance of two drug trafficking crimes. I appreciate the troubling result of this conclusion, namely a mandatory and consecutive 25!-year prison term…