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001539P.pdf 12/15/2000 United States v. David Daniel Alaniz
U.S. Court of Appeals Case No: 00-1539
District of North Dakota
Criminal case sentencing challenge. 1998 amendment to
18 U.S.C. sec. 924(c)(1)(A) does not nullify a consecutive term of
imprisonment for a firearm charge whenever the predicate drug
crime or crime of violence already carries a greater minimum sentence.
District court erred in declining to impose a consecutive five-year
firearm sentence, believing it was subsumed by the greater ten-year
drug sentence.