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U.S. v. BROWN

No. 04-3159.

463 F.3d 1 (2006)

UNITED STATES of America, Appellee v. Kevin Patrick Luke BROWN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

September 5, 2006.

Attorney(s) appearing for the Case

Kenneth L. Wainstein, U.S. Attorney, Steven W. Pelak, Frederick W. Yette, Aroy Wallace McLeese, III, Assistant U.S. Attorneys U.S. Attorney's Office, Washington, DC, for Appellee.

Edward Charles Sussman, Law Office of Edward Sussman, Washington, DC, for Appellant.

Before: RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion PER CURIAM.

PER CURIAM.

18 U.S.C. § 924(c)(1)(A)(iii) calls for a 10-year sentence where a gun, carried or used in furtherance of certain offenses, is "discharged." In our initial opinion in this case we held that the provision creates liability only where the defendant has acted intentionally, e.g., "purposely, knowingly or recklessly." United States v. Brown, 449 F.3d 154, 158-59 (D.C.Cir.2006). We observed...

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