Contact the StechLaw Criminal Defense law firm today for help. 24/7 Live Call Answering (813) 491-1073 Free Consult

Blog

Marianna Gun Plea and the 924(c) Minimum

Ben Stechschulte
federal weapons charge lawyer Florida

A Florida Highway Patrol traffic stop in March 2024 has led to a guilty plea in Tallahassee federal court on drug and firearm charges. The case shows how a gun found near drugs can add years to a federal sentence, even when the drug quantities are small.

What Happened During the Stop

According to a FOX 49 report, a trooper stopped a 34-year-old Marianna man and reported smelling fresh marijuana. A search uncovered a bag secured to a hose connected to the engine. Inside were small amounts of methamphetamine, cocaine base, and alpha-PiHP, along with two loaded 9mm handguns.

He had a prior felony conviction. He pleaded guilty to three counts in the Northern District of Florida, and sentencing is set for November.

The Three Federal Counts

Each count carries its own penalty range:

  • Possession of a firearm by a convicted felon, up to 15 years
  • Possession with intent to distribute controlled substances, up to 20 years
  • Possession of a firearm in furtherance of drug trafficking, a mandatory minimum of five years

Why the Five-Year Term Stands Apart

Under 18 U.S.C. § 924(c), that five-year sentence must be served consecutively, on top of the time imposed for the drug offense. It can’t overlap. The minimum rises to seven years if a gun is brandished and ten if it is fired.

The Connection Prosecutors Must Prove

A gun and drugs in the same place don’t automatically satisfy 924(c). Prosecutors must show a real connection between the firearm and the drug offense. Courts consider where the gun was kept, whether it was loaded, how quickly it could be reached, and what kind of drug activity was involved.

Here, the loaded guns were found together with the drugs. That helps the government. But the nexus element is still where many 924(c) counts are contested.

Those factors are central to the work of a Florida federal weapons charge lawyer, because a successful challenge can remove the mandatory five years entirely.

Challenging the Search

The search followed a reported odor of marijuana. In Florida, where hemp is legal and can be hard to tell apart from marijuana by smell, that basis draws closer scrutiny than it once did. A Florida federal weapons charge lawyer will usually start by reviewing any video of the stop and the reason given for the search.

After a Federal Gun Arrest

A few steps protect your options early on:

  • Avoid discussing the vehicle or its contents with anyone but counsel
  • Write down what happened during the stop while details are fresh
  • Hold off on plea talks until the search has been reviewed

Federal Firearm Defense in Florida

Mr. Stechschulte is board-certified in Criminal Trial Law and has spent nearly 15 years defending clients. As a federal weapons charge lawyer in Florida, he examines the stop, the search, and the nexus evidence in every 924(c) case he takes on.

If you or a family member is facing federal firearm charges, contact StechLaw Criminal Defense to arrange a confidential review of the case.

Schedule A Consultation

Contact the StechLaw Criminal Defense firm today for help.

All fields marked with an “ * ” are required