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Criminal Law

: Sentencing Law and Policy

SCOTUS grants cert on another mandatory minimum sentencing issue

By Douglas A. Berman

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Adding to a docket that is already heavy with important sentencing cases, the Supreme Court this morning added another through its cert grant the consolidated cases of Abbott v. United States (09-479) and Gould v. United States (09-7073).  Here is how SCOTUSblog decribes the issue in Abbott, along with links to key materials in the case: Docket: 09-479Title: Abbott v. United States (1) Whether the term ?any other provision of law? of 18 U.S.C. 924(c) includes the underlying drug trafficking offense or crime of violence; and (2) if not, whether it includes another offense for possessing the same firearm in the same transaction? Opinion below (3d Circuit) Petition for certiorari Memorandum for the United States Petitioner?s reply As federal criminal justice practioners know, the mandatory minimum sentencing provisions in 924(c) concerning the use of firearms in connection with other offenses are extremely significant and consequential...continue to full post

Full post as published by Sentencing Law and Policy on January 25, 2010 (boomark / email).

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