United States v. Echeverry, 649 F.3d 159

Echeverry participated in a drug-distribution conspiracy from 2001 to 2004.
In September 2002, Echeverry and a co-conspirator brandished a firearm to recover stolen narcotics; the intended victim grabbed the gun and fired, wounding the accomplice.
On September 27, 2004, Echeverry delivered 315 grams of heroin to an undercover detective and was later arrested.
On September 16, 2005, he pled guilty to conspiracy to distribute narcotics and to possessing a firearm in relation to a drug-trafficking crime.
At sentencing (June 29, 2010), the court applied the § 924(c)(1)(A)(iii) discharge-enhancement despite the shooter being the intended victim, not Echeverry.
The district court imposed a below-guidelines sentence totaling 20 years (conspiracy count plus 10-year mandatory for discharge).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the discharge enhancement applies when a defendant did not discharge the gun used during the crime.	Echeverry contends the enhancement requires the defendant to discharge the firearm.	The Government contends discharge applies if the firearm is discharged during the crime, regardless of who fired.	Yes; enhancement applies when a firearm is discharged during the crime, regardless of who fired.
Whether Dean v. United States governs the interpretation of § 924(c)(1)(A)(iii) in this context.	Echeverry argues Dean limits the reach of the discharge enhancement.	The Government argues Dean controls and supports application of the enhancement.	Dean controls; discharge triggers the 10-year minimum regardless of intent.

Dean v. United States, 129 S. Ct. 1849 (Supreme Court 2009) (discharge triggers sentence enhancement regardless of intent)
United States v. Thorn, 446 F.3d 378 (2d Cir. 2006) (de novo review of § 924(c)(1)(A)(iii) interpretation)