mandatory minimums

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.

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Additional Resources

· Findlaw.com: No Discretion for Judges with Mandatory Sentences (April 1, 2010)

· United States Sentencing Commission: 1991 Sentencing Commission Report

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Dean v. United States

Issues

Does a federal law imposing a ten-year minimum additional sentence on a defendant who fired a gun during a violent crime apply even if the firing was an accident?

 

Petitioner Christopher Michael Dean was convicted for a bank robbery in which he fired, probably by accident, a pistol. In addition to his sentence for the bank robbery, Dean was sentenced under 18 U.S.C. § 924(c)(1)(A)(iii), which imposes a ten-year mandatory minimum sentence for the discharge of a firearm during a violent crime. The question presented to the Supreme Court is whether courts can apply the sentence enhancement under § 924(c)(1)(A)(iii) if the discharge was accidental, or whether prosecutors must first prove that the defendant intended to fire the gun. Dean argues that prosecutors must prove that the defendant intended to fire the gun for the additional ten-year mandatory minimum to apply. The United States, on the other hand, contends that sentence enhancement statutes are not standalone criminal offenses and, therefore, that courts can apply these statutes without proof of intent. The outcome of this case could affect how often convicted individuals will receive enhanced sentences, based on whether the Supreme Court decides that prosecutors must prove intent for sentence enhancement factors, or whether the Court views sentence enhancement statutes as merely tailoring sentences to the specific facts of the underlying offense.

 

    Questions as Framed for the Court by the Parties

    Whether 18 U.S.C. § 924(c)(1)(A)(iii), establishing a ten-year mandatory minimum sentence for a defendant who "discharge[s]" a firearm during a crime of violence, requires proof that the discharge was volitional, and not merely accidental, unintentional, or involuntary.

    Petitioner Christopher Michael Dean and his brother-in-law, Ricardo Curtis Lopez, were convicted in federal district court for a bank robbery that occurred on November 10, 2004, in Rome, Georgia. See United States v.

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    Gall v. United States

    Issues

    Can a district court impose a sentence outside of the range recommended by the United States Sentencing Guidelines without providing an extraordinary reason to justify the deviation?

     

    In 2000, Brian Michael Gall was involved in a drug ring for approximately 8 months. Five years later, he pled guilty to conspiracy to distribute a controlled substance. The judge sentencing Gall chose to impose a sentence far below the sentence range recommended by the United States Sentencing Guidelines (“Guidelines”) because of Gall’s exemplary and law-abiding behavior after he left the conspiracy. On appeal, this sentence was held unreasonable because of its great deviation from the sentence range recommended by the Guidelines. In two recent cases, the Supreme Court held that requiring a judge to impose a sentence within the Guidelines sentence range violates the Sixth Amendment, but that a sentence within the Guidelines range can be presumed reasonable. Consequently, though courts are not required to sentence within the Guidelines range, they are expected to consider the range in their sentencing decisions, and it is uncertain how much discretion they have to depart from the range. Gall v. United States will clarify the role of the Federal Sentencing Guidelines in sentencing decisions and what justification is needed for a departure from the Guidelines sentencing range.

     

      Questions as Framed for the Court by the Parties

      Whether, when determining the “reasonableness” of a district court sentence under United States v. Booker, 543 U.S. 220 (2005), it is appropriate to require district courts to justify a deviation from the United States Sentencing Guidelines with finding of extraordinary circumstances.

       

      In early 2000, Brian Michael Gall, began selling methylenedioxymethamphetamine (“MDMA” or ecstasy) as part of a drug distribution ring in Iowa. U.S. v. Gall, 446 F.3d 884, 885 (8th Cir. 2006). Gall would purchase MDMA in 1,000 tablet increments, and then sell the tablets to others whom he knew were distributing the drug in the community. Id. While part of the drug conspiracy, Gall earned $30,000 to $40,000 in profit. Brief for Petitioner at 2. In September 2000, Gall decided to leave the drug conspiracy. Gall, 446 F.3d at 886.

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      Koons v. United States

      Issues

      Can defendants subject to a mandatory minimum sentence, but who received a sentence below that minimum for substantially assisting the government, receive a further sentence reduction under 18 U.S.C. § 3582 when the Sentencing Commission retroactively lowers the sentencing guidelines range that would have applied absent the mandatory minimum?

      Koons and his co-petitioners were convicted of federal drug charges but received sentences below the statutory minimum because they “substantially assist[ed]” the government. The United States Sentencing Commission subsequently retroactively reduced the sentencing guidelines ranges for the crimes for which they were sentenced. Koons sought a further sentence reduction under 18 U.S.C. § 3582(c)(2), which provides for a sentence reduction when the initial sentencing was based on a sentencing range that had been subsequently lowered by the Sentencing Commission. Koons argues he is eligible for the sentence reduction because the Sentencing Guidelines were initially consulted in determining his sentencing range. The United States counters that he is ineligible for the sentence reduction because his sentence was ultimately based on the statutorily prescribed minimum sentence. The decision in this case has implications for sentencing disparities, the influence of mandatory minimums, and the power of the Sentencing Commission.

      Questions as Framed for the Court by the Parties

      Whether a defendant who is subject to a statutory mandatory minimum sentence, but who substantially assisted the government and received a sentence below the mandatory minimum pursuant to 18 U.S.C. § 3553(e), is eligible for a further sentence reduction under 18 U.S.C. § 3582(c)(2), when the Sentencing Commission retroactively lowers the advisory sentencing guidelines range that would have applied in the absence of the statutory mandatory minimum.

      This case is a consolidated appeal from five petitioners—Timothy Koons, Kenneth Jay Putensen, Randy Feauto, Esequiel Gutierrez, and Josea Gadea—who have all been previously convicted of methamphetamine conspiracy offenses. United States v. Koons, 850 F.3d 973, 975 (8th Cir. 2017). In November 2012, defendant Randy Feauto pleaded guilty to conspiracy to manufacture and distribute methamphetamine and unlawful possession of a firearm. Id.

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