18 USC 924c Firearm Enhancement: Federal Defense

18 USC 924(c) Firearm Enhancement

You’re charged with drug trafficking or robbery. Then you see “18 USC 924(c)” on the indictment. That one line just added 5, 7, 10, or 25 years to you’re sentence — and irregardless of what you’re attorney told you, this time is gonna run CONSECUTIVE to whatever else you get. This ain’t like a state gun charge where the judge might run it concurrent. Federal law strips judges of that authority entirely. Its time to understand what 924(c) actually means for you’re case, because less then 1% of defendants ever gets these charges dismissed, and the mandatory minimums is brutal.

What 18 USC 924(c) Actually Means

The statute punishes anyone who uses, carries, or possesses a firearm “during and in relation to” a crime of violence or drug trafficking crime. That language is gonna shock you when you realizes how broad it is. If you was involved in drug distribution and there was a gun anywhere near the transaction — in you’re car, in the stash house, even in a backpack belonging to someone else — prosecutors is likely charging you under 924(c).

Here’s what the government needs to prove beyond reasonable doubt:

• You committed (or attempted/conspired to commit) a crime of violence or drug trafficking crime
• You used, carried, or possessed a firearm
• The firearm was used/carried/possessed during and in relation to that crime (or in furtherance of it)
• You knew you possessed the firearm

All four elements must be proven. If the government fails on any one element, the 924(c) charge should fail. But here’s the problem: federal prosecutors has gotten real good at proving these elements, and judges has been giving them a lot of leeway on what counts as “in relation to” or “in furtherance of.”

This ain’t just another charge you can plea down or negotiate away easy. The sentence MUST run consecutive to you’re underlying offense. That means if you gets 10 years for drug trafficking and 5 years for 924(c), you’re serving 15 years minimum — not 10 years with the 924(c) running at the same time. Based off Abbott v. United States, the Supreme Court made clear that Congress intended mandatory consecutive sentences for 924(c) convictions, and federal judges doesn’t have discretion to deviate from this.

I been practicing federal criminal defense for many, many years, and I seen clients devastated when they realizes what “consecutive” actually means. Don’t hold you’re breath waiting for a judge to show mercy on this issue — they literally doesn’t have the authority under the statute.

The Three Tiers: 5, 7, or 10 Years

Irregardless of how serious you’re underlying offense is, 924(c) has a tiered mandatory minimum structure based off how the firearm was used. Understanding these type of tiers is critical, because the difference between one tier and another can mean years of you’re life.

Tier 1: 5-Year Mandatory Minimum

If you simply possessed, used, or carried a firearm during a drug trafficking crime or crime of violence, the base mandatory minimum is 5 years. Possession alone is enough if the government proves it was “in furtherance of” the crime. You doesn’t even have to touch the gun — if it was accessible to you during the offense and connected to the criminal activity, that meets the statutory requirement.

Most defendants is charged at this tier. Prosecutors knows that proving possession is easier than proving brandishing or discharge, so they starts here. If you was under investigation for drug distribution and agents finds a gun in you’re residence during a search warrant, that’s likely gonna result in a 5-year 924(c) charge stacked on top of whatever drug weight you’re facing.

Tier 2: 7-Year Mandatory Minimum

If the firearm was “brandished,” the mandatory minimum jumps to 7 years. Brandished means you actively displayed, showed, waved, or made the firearm visible to another person — typically to intimidate or threaten. The government has to prove you actually brandished the weapon; mere possession don’t cut it at this tier.

Here’s where charging decisions gets critical. Irregardless of what actually happened, if the prosecutor decides to charge brandishing instead of simple possession, you’re looking at 2 extra years minimum. I seen cases where the evidence of brandishing was weak — maybe a witness said they “thought they saw” a gun bulge under someone’s shirt — but the defendant still got convicted of the 7-year tier based off testimony that was barely credible.

Tier 3: 10-Year Mandatory Minimum

If the firearm was “discharged” (fired), the mandatory minimum is 10 years. This applies irregardless of whether anyone was injured or even present when the gun was fired. If ballistics or witness testimony shows the gun was discharged during the commission of the offense, you’re facing a decade minimum.

The 10-year minimum also applies if the firearm is a short-barreled rifle, short-barreled shotgun, or semi-automatic assault weapon, even if it wasn’t fired. These type of weapons is considered inherently more dangerous under the statute.

Special Category: 30-Year Mandatory Minimum

If the firearm is a machine gun, destructive device, or equipped with a silencer/suppressor, the mandatory minimum jumps to 30 years. For a second or subsequent conviction involving these weapons, the mandatory minimum is life imprisonment.

You doesn’t have to fire the weapon to trigger this. Mere possession of a machine gun during a drug transaction — even if you never touched it or knew it was fully automatic — can result in 30 years mandatory if the government proves the elements. Based off U.S. Sentencing Commission data for FY 2024, the average 924(c) sentence was 150 months (12.5 years), but defendants charged with machine guns or silencers faces far longer terms.

Stacking: How One Case Becomes 55 Years

This is where 924(c) gets even more worse. If you’re indicted on multiple 924(c) counts in the same case, the mandatory minimums stack consecutively with escalating penalties. Here’s the formula that’s gonna destroy you’re life if you doesn’t understand it:

• First 924(c) count: 5, 7, or 10 years (depending on tier)
• Second 924(c) count: 25 years mandatory minimum
• Third 924(c) count: 25 years mandatory minimum
• Fourth count and beyond: 25 years each

All of these sentences runs consecutive to each other and consecutive to you’re underlying offense. Let me show you how this plays out in a real scenario:

Example Calculation:

• Drug trafficking charge: 20 years
• First 924(c) count (possession during trafficking): 5 years
• Second 924(c) count (brandishing during same episode): 25 years
• Third 924(c) count (discharge during same episode): 25 years
• Total: 75 years minimum

You reads that right. 75 years from a single episode of criminal conduct, charged in one indictment. Irregardless of whether you’re 25 years old or 45 years old when sentenced, that’s effectively a life sentence.

This stacking was upheld by the Supreme Court in Deal v. United States (1993). The Court ruled that “second or subsequent” conviction under 924(c) doesn’t mean second trial or second case — it means the second count in the same indictment. So prosecutors was free to stack 25-year mandatory minimums on top of each other in a single prosecution.

Between you and I, I seen defendants break down in court when the judge explains they’re total sentence. You’re thinking you might get 15 or 20 years, but then the judge calculates three stacked 924(c) counts and you’re walking out with 60+ years. The math don’t lie, and the judge doesn’t have discretion to reduce it. Congressional Research Service reports confirms that consecutive mandatory minimums under 924(c) has exceeded 100 years in some cases.

First Step Act: Does It Help You?

You might of heard that the First Step Act changed 924(c) stacking. It did — but irregardless of what some articles online says, relief is extremely limited, and most defendants doesn’t qualify.

What Changed

The First Step Act, signed into law on December 21, 2018, amended the definition of “second or subsequent” conviction under 924(c). Now, a “second or subsequent” offense means a conviction that occurs after a prior 924(c) conviction has already been imposed in a separate case. This means prosecutors can’t stack 25-year minimums in the same indictment anymore — each count in the same case gets sentenced at the 5/7/10-year tier, not 25 years.

That’s a huge change for defendants charged after December 21, 2018. Instead of facing 5 + 25 + 25 = 55 years for three counts in one case, you’re now facing 5 + 5 + 5 = 15 years (assuming all three is possession-tier charges).

Who Qualifies for Relief

Here’s the brutal part: the First Step Act amendments to 924(c) is NOT retroactive. You only qualifies for relief if:

• You’re offense was committed before December 21, 2018, AND
• You’re sentence had not yet been imposed as of December 21, 2018

If you was already sentenced before the law changed, you’re stuck with the old harsher stacking rules. The statute explicitly states the amendments “shall apply to any offense that was committed before the date of enactment of this Act if a sentence for the offense has not been imposed as of such date of enactment.“

So if you was sentenced in 2016, 2017, or early 2018 with stacked 25-year 924(c) counts, the First Step Act doesn’t help you directly. Irregardless of how unjust you’re sentence seems under the new law, you doesn’t have a statutory right to resentencing.

Alternative Relief: Compassionate Release

There is one potential avenue: compassionate release under 18 USC 3582(c)(1)(A). The First Step Act expanded compassionate release so defendants can file motions themselves (previously only the Bureau of Prisons could file). You needs to:

• Exhaust administrative remedies (submit request to warden and wait 30 days, or wait for warden to deny)
• File a motion in the sentencing court
• Prove “extraordinary and compelling circumstances” justify a sentence reduction

Some judges has granted compassionate release for defendants serving harsh stacked 924(c) sentences, reasoning that the change in law creates an extraordinary circumstance. But success rates is low — maybe 10-20% depending on the district. Many judges doesn’t think a change in the law alone is enough; they wants to see other factors like age, health issues, or exceptional rehabilitation.

Based off cases I seen, if you’re serving a stacked 924(c) sentence of 40+ years and you been incarcerated for 10+ years with a clean record, you might have a shot at compassionate release. But it ain’t guaranteed, and it’s gonna cost you $15,000-$50,000 in legal fees to pursue it properly.

Defense Strategies That Actually Work

If you’re facing 924(c) charges and hasn’t been sentenced yet, there’s defense strategies that sometimes works. I ain’t gonna lie to you — the odds is tough, and most 924(c) charges results in convictions. But if you got one of these defenses, it’s worth fighting.

Strategy #1: Challenge the Predicate Offense

The government must prove you committed a “crime of violence” or “drug trafficking crime” as the predicate offense. Recent Supreme Court rulings has narrowed what counts as a “crime of violence,” creating openings for defense challenges.

In United States v. Taylor (2022), the Supreme Court ruled that attempted Hobbs Act robbery is NOT a crime of violence for 924(c) purposes. The Ninth Circuit extended this in United States v. Reed (2022), holding that conspiracy to commit Hobbs Act robbery is also NOT a crime of violence.

If you’re predicate offense is attempt or conspiracy — rather than the completed substantive offense — you might has a real defense. This is a categorical approach analysis, meaning the court looks at the elements of the statute, not the facts of you’re case. If the statute of conviction doesn’t categorically qualify as a crime of violence, the entire 924(c) charge fails.

I has seen cases where defendants was facing 25-year stacked 924(c) sentences get those charges dismissed entirely because the predicate was attempt or conspiracy. This is the most powerful defense when it applies, irregardless of how strong the gun evidence is.

Strategy #2: Challenge the Nexus

The government must prove the firearm was possessed or used “during and in relation to” the crime, or “in furtherance of” it. Mere presence of a gun ain’t enough — there needs to be a connection.

Defense arguments that sometimes works:

• Spatial separation: Gun was in a different location than where the drug transaction occurred
• Temporal separation: Gun was present hours or days before/after the offense
• Personal protection: Gun was for unrelated self-defense, not connected to criminal activity
• Someone else’s gun: Firearm belonged to another person in the residence/vehicle, and there’s no evidence you knew about it

Based off Ninth Circuit jury instructions, the government has the burden to prove the nexus beyond reasonable doubt. If the only evidence is that a gun was found in the same house where drugs was stored, but there’s no evidence you ever handled the gun, knew it was there, or used it in connection with drug activity, you might beat the 924(c) charge even if you’re convicted of the underlying drug offense.

Strategy #3: Challenge Knowledge

You must have known about the firearm. If the gun belonged to a roommate, family member, or co-defendant, and there’s no evidence you was aware of its presence, the government hasn’t proven this element.

This defense works best when:

• Gun was found in someone else’s bedroom or personal belongings
• You doesn’t live at the residence where gun was found (just visiting)
• Gun was hidden or concealed in a way that suggests you didn’t know about it
• No fingerprints, DNA, or other physical evidence linking you to the firearm

Prosecutors often tries to use “constructive possession” — arguing that even if you didn’t physically possess the gun, you had dominion and control over it. But constructive possession without knowledge ain’t enough for a 924(c) conviction. You needs both.

Strategy #4: Challenge Brandishing or Discharge Enhancement

If you’re charged with the 7-year brandishing minimum, challenge whether the gun was actually displayed. “Brandishing” requires more than mere possession — the weapon must be shown, waved, or made visible in a threatening manner.

If the only evidence is witness testimony that’s inconsistent or lacks detail, you might get the charge reduced from brandishing (7 years) to simple possession (5 years). That’s 2 years of you’re life.

Similarly, if charged with the 10-year discharge minimum, challenge the ballistics evidence. Did the government actually prove the gun was fired? Is there gunshot residue, shell casings, or bullet holes? If the evidence is weak, you might get the tier reduced.

Strategy #5: Negotiate Before Indictment

The best defense is before you’re indicted. If you’re under investigation and you knows there was a gun involved in the alleged offense, you’re attorney should be negotiating with the prosecutor before charges is filed.

Sometimes prosecutors can be convinced not to charge 924(c) at all if:

• The nexus between gun and crime is weak
• You doesn’t have a prior criminal history
• The gun wasn’t used to threaten or harm anyone
• You’re willing to plead guilty to the underlying offense without going to trial

Once the indictment is filed with 924(c) counts, prosecutors loses flexibility. The mandatory minimums is on the record, and taking the charge off the table makes them look soft. Your leverage is highest before formal charges.

What Happens After Conviction

If you’re convicted of 924(c), here’s the reality of what you’re life looks like for the next decade or more.

No Parole in the Federal System

There is no parole in federal prison. Federal sentences must be served at approximately 85% with good conduct time. That means:

• 5-year mandatory minimum = serve approximately 4.25 years
• 7-year mandatory minimum = serve approximately 5.95 years
• 10-year mandatory minimum = serve approximately 8.5 years
• 25-year mandatory minimum = serve approximately 21.25 years

You doesn’t get released early for good behavior beyond that 15% reduction. You doesn’t get parole board hearings. You doesn’t get out for completing rehabilitation programs. The time is the time, irregardless of how much you changes in prison.

Consecutive Sentence Reality

The 924(c) sentence stacks on top of you’re underlying offense. That means you serves the underlying sentence FIRST, then you starts the 924(c) time.

Example: You gets 15 years for drug trafficking conspiracy, plus 5 years for 924(c). You’re total sentence is 20 years. At 85%, that’s 17 years actual time served. You’re not eligible for release until you completes approximately 12.75 years on the drug sentence, then you starts the 924(c) portion.

BOP Facility Placement

Longer sentences typically means higher security facilities. If you’re facing 15+ years total, you’re likely going to a low or medium security federal prison. Some 924(c) defendants ends up in medium security based off the nature of the offense (guns + drugs or guns + violence = higher security score).

The Bureau of Prisons uses a point system. Violent offenses and gun charges adds points to you’re security level. Even if you was a first-time offender, a 924(c) conviction can bump you from minimum security (camps) to low or medium security facilities.

Collateral Consequences After Release

Even after you serves you’re sentence, the consequences don’t end:

• Lifetime firearm ban: You’re prohibited from possessing firearms for life (18 USC 922(g)(1))
• Supervised release: 3-5 years of supervised release (federal probation) after prison
• Employment barriers: Many employers won’t hire applicants with federal gun convictions
• Housing restrictions: Landlords often exclude applicants with violent or gun-related felonies
• Voting rights: Lost during incarceration (restored in most states after release)

Between you and I, the lifetime gun ban is permanent. Even if you gets a presidential pardon (extremely unlikely), the pardon doesn’t automatically restore you’re firearm rights unless it explicitly says so. You needs a separate proceeding to restore gun rights, and federal courts generally doesn’t have authority to do that for federal convictions.

Cost & Timeline Reality

If you’re gonna fight a 924(c) charge, you needs to understand what it’s actually gonna cost in money and time. This ain’t a state court case where you might spend $10,000-$20,000. Federal gun cases is expensive, and they takes a long time.

Legal Fees

Here’s what federal criminal defense costs for 924(c) cases, based off what federal practitioners actually charges:

• Federal trial (through sentencing): $50,000-$150,000+
• Complex 924(c) cases (multiple counts, stacking): $75,000-$200,000+
• Appeal challenging 924(c) conviction: $25,000-$75,000+
• Post-conviction relief (compassionate release, etc.): $15,000-$50,000+

Irregardless of what some attorneys advertises online, quality federal defense ain’t cheap. You’re paying for:

• Expert witnesses: Firearms experts, ballistics experts, forensic experts ($5,000-$15,000+ per expert)
• Investigation: Private investigators to interview witnesses, review crime scenes, challenge government’s case ($10,000-$30,000+)
• Legal research: Many, many hours researching predicate offense case law, circuit splits, recent Supreme Court rulings
• Motion practice: Multiple motions to dismiss, suppress evidence, challenge indictment
• Trial preparation: Weeks of preparation, jury selection, cross-examination strategy

If you needs to challenge the predicate offense based off Taylor or other recent case law, that’s complex appellate-level research. If you’re defending against brandishing or discharge allegations, you needs expert testimony on firearms and how they operates. This stuff costs real money.

Timeline

Federal cases takes time — a lot more time then most defendants expects:

• Indictment to trial: 6-12 months (often longer if case is complex or continued)
• Trial duration: 1-3 weeks for 924(c) cases with multiple counts
• Sentencing: 3-6 months after conviction (time for PSR, objections, sentencing memoranda)
• Appeal: 18-36 months from notice of appeal to circuit decision
• Post-conviction motions: 12-24+ months

So if you goes to trial, loses, appeals, and files post-conviction motions, you’re looking at 3-5 years from indictment to final resolution. And that’s before you even starts serving you’re sentence.

I seen cases take 30+ months just to get to trial because of continuances, discovery disputes, and motion practice. Then another 24 months for the appeal. Federal litigation is slow, irregardless of how urgent you’re situation feels.

Success Rates (Reality Check)

You needs to know the odds before you spends $100,000+ on a trial:

• Trial acquittal rate on 924(c): approximately 10-15%
• Appeal reversal rate: approximately 5-10%
• Compassionate release grants: approximately 10-20% (varies by district)

Most defendants is convicted and serves the mandatory minimum. That’s the reality, irregardless of how strong you thinks you’re defense is. Juries tends to credit government witnesses and agents. Judges is reluctant to grant post-trial motions. Appellate courts defers to trial court fact-finding.

This doesn’t mean you shouldn’t fight if you has a real defense. But you needs to go in with eyes open about the odds.

Hidden Costs

Beyond legal fees, there’s other costs nobody talks about:

• Lost income: If you’re incarcerated for 5-25 years, that’s years of wages you’ll never earn
• Family financial strain: You’re family might lose housing, cars, stability
• Reentry costs: After release, finding housing and employment with a federal gun conviction is expensive and difficult

If you was earning $50,000/year and you serves 10 years, that’s $500,000 in lost income (not counting inflation or raises you might of gotten). For a 25-year sentence, it’s over $1 million in lost earnings. These is real economic consequences that affects you’re family for decades.

When You Should Fight

So when is it actually worth fighting a 924(c) charge, and when should you seriously consider a plea agreement? Here’s the honest cost-benefit analysis.

Fight If:

1. Weak Predicate Offense
If you’re underlying conviction is attempt or conspiracy (not the completed substantive offense), and you’re in a circuit that follows Taylor and Reed, you has a real shot at getting the 924(c) dismissed. This is worth fighting irregardless of the cost, because if you wins, you’re saving 5-25 years.

2. Nexus Problems
If the gun was in a separate location, clearly belonged to someone else, or there’s no evidence connecting it to the alleged crime, challenge the “in relation to” or “in furtherance of” element. Even if you doesn’t win outright dismissal, you might creates enough doubt for a jury to acquit on 924(c) while convicting on the underlying offense.

3. Knowledge Issues
If you didn’t know about the firearm and there’s credible evidence supporting that (no fingerprints, gun was hidden, belonged to someone else, you was just visiting the location), this is worth litigating. Prosecutors has to prove knowledge beyond reasonable doubt.

4. Brandishing/Discharge Dispute
If you’re charged with 7-year brandishing or 10-year discharge, but the evidence is weak or inconsistent, fight to get it reduced to the 5-year possession tier. That’s 2-5 years of you’re life, which is worth $50,000-$100,000 in legal fees if you got the resources.

5. Multiple Counts/Stacking
If you’re facing stacked 25-year minimums (especially if sentenced before First Step Act), fighting can reduce exposure even if you doesn’t win complete acquittal. Maybe you gets one or two counts dismissed, or you gets counts reduced from brandishing to possession. Every count you eliminates or reduces saves 5-25 years.

Consider Plea If:

1. Strong Evidence
If the gun was on you’re person, you admitted to possessing it, and there’s clear nexus to drug trafficking or violence, the government’s case is strong. You’re unlikely to win at trial, and taking it to trial might results in a higher guideline sentence (no acceptance of responsibility reduction).

2. Government Offers Count Reduction
If the prosecutor offers to drop the second or third 924(c) count (saving you 25+ years), that’s serious leverage. A plea from 5 + 25 + 25 = 55 years down to just 5 years is a 50-year reduction. You’d be insane not to take that deal unless you has an airtight defense.

3. Underlying Case Is Strong
If the drug trafficking or violence case is solid — agents has wiretaps, cooperating witnesses, physical evidence — and you’re likely getting convicted anyway, adding a 924(c) trial might not changes the outcome. You might ends up with the same result plus higher legal fees.

4. Financial Reality
If you doesn’t have $75,000-$150,000 for trial and appeal, and you can’t get appointed counsel (because you’re income/assets is too high), you might not be able to afford the quality defense needed to win. It’s brutal, but it’s real. A weak defense is worse then no defense.

5. Family Considerations
Going to trial delays sentencing by 12-18 months. That’s 12-18 more months before you starts earning good time credit, before you’re family knows where you’ll be designated, before they can visits regularly. Some defendants takes a plea to gets to sentencing faster so their family can adjust and plan.

Bottom Line

Between you and I, most 924(c) cases ends in plea agreements. Prosecutors knows the mandatory minimums is leverage, and they uses it. They offers to drop counts or recommends lower tiers (possession instead of brandishing) in exchange for guilty pleas. You needs to evaluate whether the trial cost and risk outweighs the potential sentence reduction from a plea.

If you got a weak predicate offense, nexus problems, or knowledge issues, fight. Those is winnable defenses. If the evidence is strong and the government ain’t offering much, you might still fight on principle or because you’re innocent — but knows the odds going in.

When to Call Spodek Law Group

If you’re facing 18 USC 924(c) charges, you’re looking at mandatory minimum federal prison time that’s gonna runs consecutive to whatever else you’re sentenced to. This ain’t a charge you can handle with a state court attorney or someone who doesn’t regularly practices in federal court. You needs a lawyer who understands:

• How to challenge predicate offenses using Taylor and recent Supreme Court case law
• How to attack the nexus element (“in relation to” or “in furtherance of”)
• How to litigate knowledge and constructive possession issues
• How to negotiate with federal prosecutors before indictment
• How to pursue First Step Act relief or compassionate release if you’re already sentenced

We handles 924(c) defense at every stage — pre-indictment negotiation, trial, appeal, and post-conviction relief. We offers 24/7 availability because we knows federal cases doesn’t wait for business hours. If agents is executing a search warrant or you’re being questioned, you needs immediate counsel.

We doesn’t take cases we doesn’t think has a real defense strategy. If you’re situation is one where a plea makes more sense then trial, we’re gonna tell you that honestly. But if you got a fight worth fighting — a weak predicate, a nexus problem, or evidence the government can’t prove — we’re gonna fight it.

Irregardless of where you’re at in you’re case, call now for a consultation. The earlier we gets involved, the more options you has. Once you’re sentenced, you’re options narrows dramatically. Don’t wait until it’s too late.