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Resolution

The Repeal of Congressional Intent of Title 18 U.S.C. Section 924 (c) (Gun Stacking Charges)

WHEREAS, the United States Supreme Court's statutory interpretation of 18 U.S. C. Section 924(c), in Deal vs. United States, 508 US 129 (1993), has led to "multiple punishment" under Section 924(c) in a single proceeding contrary to congressional intent; and

WHEREAS, Title 18 U.S. C. Section 924(c) "Firearms and/ or Ammunition" statute passed by Congress, was clearly intended to target recidivists, who commit second and/or subsequent offenses; and

WHEREAS, the proper use of any "second" and/or "successive" (924(c)) would be better served as a "recidivist penalty." As in many cases, a defendant is charged as an aider and abettor, but punished by applying multiple sections of 924(c), primarily due to non-cooperation. Notwithstanding, that in many instances, the defendant may be a "first-time" offender; and

WHEREAS, the federal courts have sentenced thousands of defendants as if they were charged in "multiple" indictments, and/or convicted previously in different jurisdictions, courts, and/or trials; and

WHEREAS, the United States Justice Department's abuse and manipulation of Title 18 U.S. C. 924 (c) as a sentencing scheme has led to serious Fifth Amendment (due process) and Fourteenth Amendment (equal right to protection under the law) violations.

THEREFORE, BE IT RESOLVED, that Congress must repeal Title 18 U. S. C. Section 924 (c), or people of color will continue to be singled out by the U. S. Department of Justice for massive, unconstitutional, unwarranted, and unjust sentences (even for "first-time" offenders).

Derrick Lewis - Youth & College Hero

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