"Reading the firearm statute literally, the Second Circuit held that the statutory language plainly forbade the imposition of the mandatory minimum contained the firearm statute in conjunction with another greater mandatory minimum sentence. The Second Circuit’s opinion in Whitley is the correct interpretation of the firearm statute."
Court rejects analysis in United States v. Collins, 205 F. App`x 196 (5th Cir. 2006), and United States v. Alaniz, 235 F.3d 386 (8th Cir. 2000).
This issue relates to pending cert petitions. See January 2010 on this blog.