Friday, January 29, 2010

924(c)---Cert Pet Granted

Gould v. U.S., No. 09--7073 (2010)

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?

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