Abbott v. United States; Gould v. United States
Issues
Which, if any, federal criminal statute with a mandatory minimum sentence of five years or more can trigger the "except" clause in 18 U.S.C. § 924(c)?
In two separate and unrelated cases, Kevin Abbott and Carlos Rashad Gould were convicted for violating 18 U.S.C. § 924(c) by possessing weapons in the furtherance of a violent or drug trafficking crime. Abbott and Gould were also sentenced for their underlying crimes, both of which required a minimum sentence of greater than five years. Abbott's and Gould's respective sentencing judges both included an additional five-year sentence for violation of 18 U.S.C. § 924(c), on the grounds that this was a mandatory minimum sentence. Abbott and Gould appealed, arguing that they qualified for an exception to 18 U.S.C. § 924(c) because the minimum sentences for their underlying offenses were greater than five years. The appeals courts affirmed the lower courts' decisions. Certiorari was granted to answer which federal criminal statutes that carry a minimum sentence greater than five years, if any, trigger the "except" clause in 18 U.S.C. § 924(c).
Questions as Framed for the Court by the Parties
Abbott
18 U.S.C. § 924(c)(1)(A) provides, in part, that a person convicted of a drug trafficking crime or crime of violence shall receive an additional sentence of not less than five years whenever he “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.” The questions presented are:
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?
Gould
18 U.S.C. § 924(c)(1)(A) requires a 5-year minimum sentence for possessing a firearm in furtherance of a drug-trafficking crime – “[e]xcept to the extent that a greater minimum sentence is otherwise provided by . . . any other provision of law.”
3. Did the U.S. Court of Appeals for the Fifth Circuit correctly hold, despite this “except” clause, that a defendant is subject to the 5-year minimum sentence for the firearm possession even though another provision of law requires a greater minimum sentence for another count of conviction?
Abbott
In 2004, Petitioner, Kevin Abbott, and Michael Grant were selling drugs out of a house in Philadelphia. See United States v. Abbott, 574 F. 3d 203, 204–05 (3d Cir.
Edited by
Additional Resources
· Findlaw.com: No Discretion for Judges with Mandatory Sentences (April 1, 2010)
· United States Sentencing Commission: 1991 Sentencing Commission Report