United States Supreme Court
Abott v. US, 09–479
In prosecutions of defendants for drug and firearm offenses and for violating 18 U.S.C. section 924(c), which prohibits using, carrying, or possessing a deadly weapon in connection with "any crime of violence or drug trafficking crime," and imposes a mandatory minimum sentence of five-years' imprisonment, the court of appeals' judgment is affirmed as a defendant is subject to the highest mandatory minimum specified for his conduct in section 924(c), unless another provision of law directed to conduct proscribed by section 924(c) imposes an even greater mandatory minimum. Further, defendants' challenge to their section 924(c) sentences, resting their objections on the "except" clause prefacing section 924(c)(1)(A) are rejected as there is strong contextual support for the view that the "except" clause was intended to simply clarify section 924(c), and it applies only when a greater minimum sentence is otherwise provided.
Appellate Information
- Argued 10/04/2010
- Decided 11/15/2010
- Published 11/19/2010
Judges
Court
- United States Supreme Court