United States v. Graham, No. 09-2819 (2d Cir. 2012)Annotate this Case
Graham was the leader of a group of violent robbers associated with a public housing project in Brooklyn. Following a conflict after a robbery, Graham forced Thompson to get into Graham’s vehicle by firing a single shot into the ground with a 9-millimeter pistol, then provided Thompson with a Mac-10 to commit a robbery to repay his debt. Thompson ultimately did not commit the robbery. Graham was indicted for: conspiracy to extort Thompson, 18 U.S.C. 1951(a) and 3551; discharging a firearm during a crime of violence, 18 U.S.C. 924(c)(1)(A)(iii), 2 and 3551.; and using an explosive to commit a felony, 18 U.S.C. 844(h)(1), 2 and 3551. Graham’s 50-year sentence included two consecutive, mandatory 10-year terms of imprisonment for the violations of 18 U.S.C. § 924(c)(1)(A)(iii) and 18 U.S.C. § 844(h)(1), based on Graham’s discharge of a gun while threatening Thompson. The Second Circuit reversed with respect to one count. The term “explosive” in 18 U.S.C. 844(h)(1) does not include the cartridge in the 9- millimeter semiautomatic pistol used by Graham.