United States of America, Plaintiff-appellee, v. Carl Anthony Beckles, Defendant-appellant, 1 F.3d 1249 (10th Cir. 1993)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

The single issue raised in this appeal is whether under 18 U.S.C. § 924(c) an enhanced sentence for a "second or subsequent conviction" may be imposed when a defendant is convicted of two separate offenses charged in the same indictment regardless of when the offenses occurred. The appeal was abated pending a decision by the United States Supreme Court in Deal v. United States, 113 S. Ct. 1993 (1993). The outcome of this appeal is controlled by that decision, which rejected the argument now presented by Beckles and held that Sec. 924(c) applies to second and subsequent convictions within a single proceeding. Id. at 1996-97. We therefore hold that the trial court did not err in enhancing the appellant's sentence for a "second or subsequent conviction" pursuant to 18 U.S.C. § 924(c). AFFIRMED. The mandate shall issue forthwith.