United States v. Vargas
United States v. Vargas
Opinion
Christopher James Vargas appeals the sentence imposed following his guilty plea *429 conviction for possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base in violation of 21 U.S.C. § 841(a)(1) (Count One) and possession of a firearm during and in relation to or in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A)® (Count Two). The district court sentenced Vargas to consecutive terms of 120 months of imprisonment on Count One and 60 months of imprisonment on Count Two, for a total of 180 months of imprisonment.
Vargas contends that the district court committed reversible error when it sentenced him to a consecutive five-year term of imprisonment for his conviction under § 924(c)(1)(A)®. Because his argument turns on statutory interpretation, de novo review applies. See United, States v. Salazar, 542 F.3d 139, 144 (5th Cir. 2008), cert. denied, — U.S.-, 129 S.Ct. 1669, 173 L.Ed.2d 1039 (2009).
Section 924(c)(1)(A)® provides that, “[ejxcept to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law” any person who uses or carries a firearm during and in relation to or in furtherance of a crime of violence or a drug trafficking crime “shall, in addition to the punishment provided for such crime of violence or drug trafficking crime[,] ... be sentenced to a term of imprisonment of not less than 5 years.” § 924(c)(1)(A)®. Vargas’s argument turns on the first phrase of this provision, the so-called “exception” clause. See United States v. Collins, 205 Fed.Appx. 196, 197 (5th Cir. 2006).
In Collins, this court rejected the reading of § 924(c) urged by Vargas. Collins, 205 Fed.Appx. at 197-98. Although Collins is unpublished, this court recently adopted the reasoning and holding of Collins in a published opinion. See United States v. London, 568 F.3d 553, 564 (5th Cir. 2009). Therefore, the district court did not err when it sentenced Vargas to a consecutive five-year term of imprisonment for his conviction under § 924(c)(1)(A)®.
AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *429 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.