United States v. Brown

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

Congress has provided a minimum sentence of five years for any person who, in relation to any crime of violence, “uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm.” 18 U.S.C. § 924(c)(1)(A)(i). The minimum penalty increases to seven years if the firearm “is brandished,” § 924(c)(1)(A)(ii), and to ten if it “is discharged,” § 924(c)(1)(A)(iii). The question here is whether the accidental discharge of a weapon triggers a ten-year sentence for discharging. Phrased…