Legal Opinion

United States v. James Hunter

Court of Appeals for the Ninth Circuit

Decided October 23, 1989No. 88-3233PublishedCited by 64 opinions

1Per curiam

Hunter pled guilty to receiving, while a felon, a firearm shipped in interstate commerce, 18 U.S.C. § 922(g)(1), and drug trafficking with a firearm, 18 U.S.C. § 924(c)(1). The court interpreted section 924(c)(1) to require that the sentence imposed under that section run consecutively to rather than concurrently with any other sentence imposed. Hunter appeals claiming section 924(c)(1) is ambiguous and should be given a more lenient interpretation permitting the court to impose concurrent rather than consecutive sentences.

The pertinent language of section 924(c)(1) provides:

Whoever, during…

2Cases cited3 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Missouri v. HunterSupreme Court of the United States · 1983
  3. United States v. Lewis Nathaniel DixonCourt of Appeals for the Ninth Circuit · 1977

3Cited by64 opinions

  1. United States v. James GarrettCourt of Appeals for the Seventh Circuit · 1990
  2. United States v. John Wesley Morehead, Sr., John Wesley Morehead, Jr., and Jackie Ray HillCourt of Appeals for the Tenth Circuit · 1992
  3. United States v. BracyCourt of Appeals for the Ninth Circuit · 1995
  4. United States v. Jackie Ray HillCourt of Appeals for the Tenth Circuit · 1992
  5. United States v. AndersonCourt of Appeals for the D.C. Circuit · 1994

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