Read US v. Hudson, 09-3680

In a conviction of defendant for drug and firearm related offenses, district court's imposition of a statutory mandatory minimum of 120-month sentence for the drug charge and to 60 months' imprisonment for gun possession in furtherance of drug dealing, to be served consecutively, is affirmed as, defendant's argument that section 924(c)(1)(A) only imposes a mandatory consecutive sentence if the underlying crime does not impose a greater mandatory minimum sentence, has been rejected by the Supreme Court in Abott v. United States, 131 S. Ct. (2010), which held that secrtion 924(c)(1)(A)'a "except" clause only applies when the minimum sentence "otherwise provided" is "for the section 924(c) offense in question."

Appellate Information

• Argued 05/27/2010
• Decided 12/06/2010
• Published 12/06/2010

Judges

• TINDER

Court

• United States Seventh Circuit

Counsel