[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-12845 ELEVENTH CIRCUIT
Non-Argument Calendar DECEMBER 8, 2010
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:09-cr-20964-PAS-2
UNITED STATES OF AMERICA,
lllllllllllllllllllll Plaintiff-Appellee,
versus
JESUS BARRERA-AVILA,
llllllllllllllllllll l Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(December 8, 2010)
Before HULL, MARTIN and KRAVITCH, Circuit Judges.
PER CURIAM:
Jesus Barrera-Avila appeals the 322-month total sentence he received
following his conviction for conspiracy to interfere with commerce by threats or
violence by robbery, 18 U.S.C. § 1951(a), conspiracy to possess with intent to
distribute five kilograms or more of cocaine, 21 U.S.C. § 846, and possession of a
firearm in furtherance of a crime of violence or a drug-trafficking crime, 18 U.S.C.
§ 924(c)(1)(A). On appeal, Barrera-Avila argues that the district court erred by
applying the five-year consecutive mandatory minimum sentence under § 924(c)
in addition to the ten-year mandatory minimum sentence he received for the § 846
offense.
We review questions of statutory interpretation de novo. United States v.
Segarra, 582 F.3d 1269, 1271 (11th Cir. 2009), cert. denied, 2010 WL 111551
(Nov. 29, 2010). Section 924(c) provides that
[e]xcept to the extent that a greater minimum sentence is otherwise
provided by this subsection or by any other provision of law, any
person who, during and in relation to any crime of violence or drug
trafficking crime . . . , uses or carries a firearm, or who, in furtherance
of any such crime, possesses a firearm, shall, in addition to the
punishment provided for such crime of violence or drug trafficking
crime be sentenced to a term of imprisonment of not less than 5 years.
18 U.S.C. § 924(c)(1)(A). In Segarra, we rejected the argument that the five-year
consecutive mandatory minimum could not be applied when the defendant faced a
greater mandatory sentence for a drug offense.1 582 F.3d at 1273.
1
The Supreme Court recently affirmed our interpretation of the “except” clause. See
Abbott v. United States, 562 U.S. __, 2010 WL 4569898 (Nov. 15, 2010).
2
Because Segarra forecloses Barrera-Avila’s argument, the district court
properly applied § 924(c)’s five-year consecutive mandatory minimum sentence.
AFFIRMED.
3