Perhaps one of the most difficult charges you can have in federal court is a 924(c) charge, or a gun possession charge in furtherance of a drug crime or a crime of violence.
Why are 924(c)s so horrible?
Well, it’s mandatory consecutive time—meaning if you have a 924(c) and some other charge, the judge, even if they really wanted to, cannot run the sentences for your 924(c) and your other charge at the same time, or concurrently. It has to be consecutive.
So, if you have a RICO and you have a 924(c), whatever sentence you get on the RICO then has to be followed by your 924(c) charge. Based on the type of 924(c) that you have, you’re looking at either five-year guidelines, seven-year guidelines, or ten-year guidelines.
So we’re talking about substantial time, especially when that’s coupled with another charge.
The worst thing about 924(c)s is that they disqualify you from the First Step Act.
If you have a judgment for your federal criminal case, and the judgment contains a 924(c) on it—which it usually does if we’re talking about a drug case or RICO case—you then cannot get First Step Act credit on any of the charges.
So, going back to the example: if you have a RICO and a 924(c), even though RICO is eligible in theory for the First Step Act, you are disqualified from getting any sort of First Step Act benefit if you have a 924(c) coupled with another charge.
If at all possible, try to avoid taking pleas to 924(c)s.