Mandatory fifty-five year sentence for possession of firearm in connection with drug crime is not cruel and unusual punishment

SENTENCING United States v. Angelos, No. 04-4282, ___ F.3d ___ (10th Cir. Jan. 9, 2006)(Utah). Appeal of conviction and sentence for possessing firearm during and in relation to drug trafficking crime in violation of 18 U.S.C. § 924(c)(1) HELD: (1) Mandatory fifty-five year sentence for possession of firearm in connection with drug trafficking crime does not violate Eighth Amendment prohibition against cruel and unusual punishment. (2) Title 18 U.S.C. § 924(c)(1)(A)(i)’s requirement that second or subsequent convictions under § 924(c) carry mandatory minimum twenty-five year sentence that must run consecutively to any other sentences was applicable to convictions obtained in instant case because all counts occurred on separate dates and involved separate drug trafficking crimes. In other words, defendant’s convictions on counts two and three for possessing firearm in connection with drug trafficking offense counted as separate convictions that were second or subsequent to first conviction on count one, thereby triggering mandatory minimum sentence required by § 924(c)(1)(A)(i). Read the opinion here.