United States v. Chapman, No. 15-30538 (5th Cir. 2017)
Annotate this CaseDefendants Perry, Chapman, and Boyer appealed their convictions for various offenses related to their participation in a drug trafficking conspiracy. The Government cross-appealed the district court's calculation of the mandatory minimum sentence on one of Perry's two convictions under 18 U.S.C. 924(c), arguing that the district court erred in failing to impose the 25-year mandatory minimum. The court concluded that the district court erred in declining to apply the 25-year mandatory minimum sentence required by section 924(c)(1)(C) to one of Perry's section 924(c) convictions where, applying the rule of lenity, the lowest mandatory minimum sentence should be considered the first conviction. Therefore, the court vacated Perry's sentence and remanded for resentencing. The court otherwise affirmed the judgment.
The court issued a subsequent related opinion or order on April 12, 2017.
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