United States v. Smith, No. 13-1112 (10th Cir. 2014)
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Defendant Joshua Smith robbed two stores and shot the managers in both. He was convicted on two counts of robbery, and two counts of using a gun "during and in relation to" those "crime[s] of violence." "Normally, [. . .] a district court enjoys considerable discretion when it comes to picking a prison term within the applicable statutory range. But at the government's urging in this case the district court decided there was one set of facts it had to disregard - Mr. Smith’s [section] 924(c) gun convictions and the lengthy sentence it just issued for them." The Tenth Circuit phrased the issue before it on appeal as whether "a sentencing court must studiously ignore one of the most conspicuous facts about a defendant when deciding how long he should spend in prison." The Court was "convinced the law doesn't require so much from sentencing courts. [. . .] Viewed with a cold eye, the relevant statutes permit a sentencing court to consider a defendant's 924(c) conviction and sentence just as they permit a sentencing court to consider most any other salient fact about a defendant. To say this much isn't to suggest a sentencing court must reduce a defendant's related crime of violence sentence in light of his mandatory gun enhancement sentence under 924(c). Only that the court is not required to feign the sort of ignorance the government demands." The Court affirmed defendant's conviction but remanded the case for resentencing.
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