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U.S. v. RENTZ

No. 12-4169.

777 F.3d 1105 (2015)

UNITED STATES of America, Plaintiff-Appellant, v. Philbert RENTZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 3, 2015.

Attorney(s) appearing for the Case

Diana Hagen, Assistant United States Attorney (Carlie Christensen, Acting United States Attorney, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellant.

Jeremy M. Delicino, Delicino Lorenzo, LLC (Elizabeth A. Lorenzo, Delicino Lorenzo, LLC, Salt Lake City, UT, and Stephen R. McCaughey of Salt Lake City, UT, with him on the brief), for Defendant-Appellee.

Before BRISCOE, Chief Judge, KELLY, LUCERO, HARTZ, TYMKOVICH, GORSUCH, HOLMES, MATHESON, BACHARACH, PHILLIPS, and MORITZ, Circuit Judges.

ON REHEARING EN BANC

Few statutes have proven as enigmatic as 18 U.S.C. § 924(c). Everyone knows that, generally speaking, the statute imposes heightened penalties on those who use guns to commit violent crimes or drug offenses. But the details are full of devils. Originally passed in 1968, today the statute says that "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...

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