Criminal Law, Federal Sentencing Emory ELSSCAP Criminal Law, Federal Sentencing Emory ELSSCAP

Andrew Paul Smith | Duffey v. United States

This case involves the interpretation of a criminal statute, a conviction under that statute, and legislation that modifies that criminal statute. Additionally, this is a consolidated case of three confederates who applied individually for certiorari. At its core, it raises questions about how changes in law apply to sentences that have been vacated.

Relevant here is section 924(c). This statute targets individuals who “during and in relation to any crime of violence or drug trafficking crime . . . use[] or carr[y] a firearm[.]” Section 924(c)(1)(C) provides minimum sentences for repeat offenders, but its text and application have changed over time.

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