In U.S. v. Segarra, No. 08-17181 (Sept. 15, 2009), the Court, joining the majority of Circuits to have addressed this question of statutory interpretation, held that 18 U.S.C. § 924(c) mandates a consecutive sentence for firearm possession offense in furtherance of a drug trafficking crime, even when the statutory mandatory minimum for the drug trafficking crime exceeds the mandatory minimum for the firearms offense. The Court rejected the Second Circuit’s contrary reading of the statute.
Given the Court’s interpretation of § 924(c), Segarra’s waiver of his right of appeal did not give him any basis to appeal his sentence. The Court therefore dismissed his appeal.
