What factors must a court consider when determining the appropriate sentence for a defendant convicted of a Section 924(c) assault?

Section 3553(a) of 18 U.S.C. sets out factors that the sentencing court must consider in determining an appropriate sentence, and these factors have been accorded greater prominence in the wake of the ruling in United States v. Booker, 543 U.S. 220, 245, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), that the Guidelines are not mandatory. The 3553(a) factors include the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, to provide just punishment for the offense, to afford adequate deterrence to criminal conduct, to protect the public from further crimes of the defendant, and to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and consideration of only the factors set out in 3553(a) could lead the court to conclude that a shorter total sentence than the total specified for a 924(c) conviction and recommended for the underlying crime would be appropriate. As set out above, however, 924(c) instructs that its mandatory minimum penalties are not to be made concurrent with any other penalties, including the penalty for the offense underlying the 924(c) offense, "[n]otwithstanding any other provision

[549 F.3d 135]