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
Cited by
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- (PC) Eleson v. Lizarraga
- (HC)Lucero v. Puentes
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- Melvin Joseph Simmons v. Marion E. Spearman
- United States v. Odegrean D. Fontenot
- United States v. Darryl Wardell Ellis
- United States of America, Appellee v. Pedro Michael Goncalves, A/k/a Mike Goncalves, Defendant, Appellant