Kevin Abbott, Petitioner v. United States (562 U.S. 8)
U.S. Supreme Court · decided November 15, 2010 · Supreme Court Database (Spaeth)
- Citation
- 562 U.S. 8 · 131 S. Ct. 18
- Decided
- November 15, 2010
- Term
- October Term 2010
- Vote
- 8–0
- Majority author
- Justice Ginsburg
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Ginsburg delivered the opinion of the Court. As one of several measures to punish gun possession by-persons engaged in crime, Congress made it a discrete offense to use, carry, or possess a deadly weapon in connection with “any crime of violence or drug trafficking crime.” 18 U. S. C. § 924(e)(1)(A). The minimum prison term for the offense described in § 924(c) is five years, § 924(c)(l)(A)(i), in addition to “any other term of imprisonment imposed on the [offender],” § 924(c)(l)(D)(ii). The two consolidated cases before us call for interpretation of § 924(c) as that provision was reformulated in 1998. Kevin Abbott and Carlos Rashad Gould, petitioners here, defendants below, were charged with multiple drug and firearm offenses; charges on which they were convicted included violation of § 924(c). Each objected to the imposition of any additional prison time for his § 924(c) conviction. Their objections rested on the “except” clause now prefacing § 924(c)(1)(A). Under that clause, a minimum term of five years shall be imposed as a consecutive sentence “[e]xcept to the extent that a greater minimum sentence is otherwise provided by [§ 924(c) itself] or by any other provision of law.” Abbott and Gould read § 924(c)’s “except” clause to secure them against prison time for their § 924(c) convictions. They claim exemption from punishment under § 924(c) because they were…
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