United States v. Sims

BATCHELDER, Circuit Judge.

This case involves cross-appeals of the government and five defendants. In the district court, all five defendants were convicted of conspiracy to possess cocaine with the intent to distribute and of various firearms violations, including separate violations of 18 U.S.C. § 924(c) for use of machine guns and use of non-machine guns. After the trial, the district court vacated the section 924(c) machine gun convictions of all defendants except Quintín Burt. After sentencing, each defendant appealed, and the government appealed as to all defendants but Burt.

I. Factual…