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U.S. v. BROWN

No. 04-3159.

449 F.3d 154 (2006)

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

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 2006.

Attorney(s) appearing for the Case

Edward C. Sussman, appointed by the court, argued the cause and filed the briefs for appellant.

Steven W. Pelak, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Roy W. McLeese III and Frederick W. Yette, Assistant U.S. Attorneys.

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

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

Congress has provided a minimum sentence of five years for any person who, in relation to any crime of violence, "uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm." 18 U.S.C. § 924(c)(1)(A)(i). The minimum penalty increases to seven years if the firearm "is brandished," § 924(c)(1)(A)(ii), and to ten if it "is discharged...

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