Abbott v. United States; Gould v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
09-479 5th Cir. Oct 4, 2010
Tr.Aud.
Nov 15, 2010 8-0 Ginsburg OT 2010

Holding: A defendant is subject to the highest mandatory minimum specified for his conduct in 18 U.S.C. 924(c) unless another provision of law directed to conduct proscribed by Section 924(c) specifically imposes an even greater mandatory minimum sentence. (Kagan, J., recused).

Plain English Holding: An exception to a federal sentencing enhancement provision that requires an additional five-year sentence for anyone convicted of possessing a gun during a crime of violence or drug trafficking "except" to the extent a greater mandatory minimum sentence is required by "any other provision of law" applies only to statutes covering the same kind of conduct as the enhancement provision and not to cases in which the defendant is also convicted of a different kind of crime that has its own minimum sentence of more than five years. (Kagan, J., recused).

Judgment: Affirmed, 8-0, in an opinion by Justice Ruth Bader Ginsburg on November 15, 2010. Justice Kagan took no part in the consideration or decision of these cases.

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