Arthur Picklo v. United States
HabeasCorpus
Whether the rule of lenity requires a sentencing court to impose a § 924(c) sentence consecutive to only the predicate crime of violence or drug offense
QUESTION PRESENTED FOR REVIEW Section 924(c) of Title 18 provides two, conflicting mandates for a sentencing court: (1) that the § 924{c) sentence must be imposed “in addition to the punishment provided for such crime of violence or drug trafficking crime,” and (2) that the § 924(c) sentence may not “run concurrently with any other term of imprisonment imposed on the person.” The question presented is as follows: Whether the rule of lenity requires a sentencing court to impose a § 924(c) sentence consecutive to only the predicate crime of violence or drug offense, since the conflicting provisions under § 924(c) noted above render the statute ambiguous.