United States v. O’Brien

The Court must interpret, once again, § 924(c) of Title 18 of the United States Code. This provision prohibits the use or carrying of a firearm in relation to a crime of violence or drug trafficking crime, or the possession of a firearm in furtherance of such crimes. § 924(c)(1)(A). A violation of the statute carries a mandatory minimum term of five years’ imprisonment, § 924(c)(l)(A)(i); but if the firearm is a ma-ehinegun, the statute requires a 30-year mandatory minimum sentence, § 924(c)(l)(B)(ii). Whether a firearm was used, carried, or possessed is, as all concede, an element of the…