Supreme Court of the United States

Abbott v. United States

November 15, 2010562 U.S. 8

Summary

The Court held that a defendant convicted under § 924(c) must receive the statute's mandatory consecutive sentence even when another conviction carries a higher mandatory minimum. The statutory exception applies only when another provision imposes a greater minimum for the firearm conduct proscribed by § 924(c), not when it imposes a greater minimum for an unrelated offense. The Court therefore affirmed both sentences.

Holding

  • Meaning of § 924(c)'s exception clause. A defendant convicted under § 924(c) is subject to the statute's mandatory consecutive sentence even if another count of conviction carries a higher mandatory minimum. The exception applies only when another provision of law imposes a greater mandatory minimum for conduct proscribed by § 924(c), rather than for a different offense.

Docket 09-479

Cited authorities

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