U.S. v. ALANIZ

No. 00-1539.

235 F.3d 386 (2000)

UNITED STATES of America, Appellant, v. David Daniel ALANIZ, also known as Daniel David Alaniz, also known as Daniel David Alanez, also known as Danny Alaniz, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 15, 2000.


Attorney(s) appearing for the Case

Keith W. Resenauer, Assistant U.S. Attorney, argued, Fargo, ND, for Appellant.

Steven M. Light, argued, Grand Fords, ND, for Appellee.

Before HANSEN, MURPHY, and BYE, Circuit Judges.


BYE, Circuit Judge.

This appeal involves a question of first impression — whether a 1998 amendment to 18 U.S.C. § 924(c)(1)(A) nullifies a consecutive term of imprisonment for a firearm charge whenever the predicate drug crime or crime of violence already carries a greater minimum sentence.

I

The government appeals from a sentence of 135 months imposed upon David Daniel Alaniz after he pleaded guilty to both drug and firearm charges....

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