United States v. Rentz

MATHESON, Circuit Judge.

After Philbert Rentz fired a single gunshot that wounded one victim and killed another, he was charged with two separate counts of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). Mr. Rentz moved to dismiss the second § 924(c) count. The district court granted his motion, holding that § 924(c) cannot support multiple § 924(c) charges arising from a single use of a firearm. The Government appeals the pre-trial dismissal of the second § 924(c) count. Exercising jurisdiction under 18 U.S.C. § 3731, we reverse.

I. BACKGROUND

A. Factual Background