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Abbott v. United States

Docket No.: 09-479
Certiorari Granted: Jan 25 2010
Argued: October 4, 2010
Decided: November 15, 2010
Consolidated with: 09-7073

Topics:

18 U.S.C § 924(c)(1)(A), Armed Career Criminal Act, Gun Control, murder, sentencing guidelines

PartyNames: Kevin Abbott v. United States
Petitioner: Kevin Abbott
Respondent: United States

Court Below: United States Court of Appeals for the Third Circuit
Citation: 574 F.3d 203
Supreme Court Docket

Kevin Abbott
v.
United States
Background:

Title 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."

Question Presented:

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?

Question:

Does a mandatory minimum sentence provided by 18 U.S.C § 924(c)(1)A) run concurrently or consecutively to another count that carries a longer than ordinary mandatory minimum sentence?

Note:

br /><br /> JUSTICE KAGAN TOOK NO PART

Abbott v. United States
ORAL ARGUMENT

October 4, 2010

Listen to Oral Argument in Abbott v. United States
Holding: affirmed
Decision: Decision: 8 votes for United States, 0 vote(s) against
Recused: who
Opinion By:

Abbott v. United States
Case Documents

1Opinion in Abbott v. United States
2Opinion in Abbott v. United States
3Abbott v. United States Oral Argument Transcript (HTML)
4Abbott v. United States Oral Argument Transcript (HTML)
5Abbott v. United States Oral Argument Audio
6Abbott v. United States Oral Argument Audio
Additional documents for this case are pending review.