Federal Judiciary

924(c)---Cert Pet Granted

Lower Ct: 329 F. App`x 569

Consolidated with Abbott (below)

Granted 1/25/2010

Question Presented:
Did the Fifth Circuit correctly hold, in direct conflict with the Second Circuit (but in accord with several other circuits), that the mandatory minimum sentence provided by 18 U.S.C. § 924(c)(1)(A) applies to a count when another count already carries a greater mandatory minimum sentence?

Abbott v. U.S., No. 09--479 (2010)

Lower Ct: 574 F.3d 203

Granted 1/25/2010

Questions Presented:
18 U.S.C. § 924(c)(1)(a) provides, in part, that an individual convicted of a drug-trafficking
crime or crime of violence shall receive an additional sentence of not less than five years whenever he or she "uses or carries a firearm, or * * * in furtherance of any
such crime, possesses a firearm" unless "a greater minimum sentence is * * *
provided * * * by any other provision of law." So:

1. Does the term "any other provision of law" include the underlying drug-trafficking
offense or crime of violence?

2. If not, does it include another offense for possessing the same firearm in the
same transaction?

Full post as published by Sixth Circuit Blog on January 29, 2010 (boomark / email).