Vichitvongsa took the matter to trial and was convicted on all eight counts. Pursuant to 18 U.S.C. § 924(c)(1)(A),(C),and (D), his first § 924(c) was subject to the 84 month statutory minimum and the remaining three 924(c) convictions were subject to a statutory minimum of 300 months, each to run consecutively. He was sentenced to 1,219 months of imprisonment.
On appeal, the Sixth Circuit held in United States v. Vichitvongsa, (14-6013/15-5037) that taking one affirmative firearm act (brandishing a handgun) while simultaneously committing two predicate offenses (conspiring to commit Hobbs Act robbery and to traffic drugs)does not support two § 924(c) convictions. Thus, the Court vacated two of the four 18 U.S.C. § 924(c) convictions.
The other issues addressed by the defendant included a challenge to “the sufficiency of the evidence supporting an interstate nexus to sustain his Hobbs Act convictions; whether his multiple conspiracy convictions violate double jeopardy; and the reasonableness of his 1,219 month sentence.” The Sixth Circuit affirmed the rulings of the district court on these three issues.