United States v. Chang Han Chen, A/K/A 34, United States of America v. Chong Chao Chen, A/K/A 21

Appellants’ § 924(c)(1) convictions have been affirmed by the vote of an equally divided court. Six members of the Court have voted, without explanation, to reverse Appellants’ §, 924(c)(1) convictions. I write separately to explain why I am firmly convinced that the facts of this case and controlling Supreme Court (and Fourth Circuit) precedent compel the affirmance of Appellants’ § 924(c)(1) convictions, and why I have voted accordingly. Chief Judge Wilkinson, and Judges Russell, Wilkins, Niemeyer, and Lut-tig join this opinion.

A nearly unanimous Supreme Court stated recently, in a manner…