Stacking (Section 924(c))

Definition

Under the pre-2018 version of Section 924(c), a defendant convicted of multiple gun offenses in connection with crimes of violence or drug trafficking received mandatory consecutive sentences that 'stacked'—the first offense carried a 5-year minimum, and each additional offense carried a 25-year mandatory consecutive sentence. The First Step Act changed this so the enhanced 25-year minimum applies only after a prior 924(c) conviction has become final.

Examples

• •Rutherford received a 42.5-year sentence due to stacked 924(c) charges; under current law, his sentence would be approximately 18 years shorter

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