Georgia Criminal Lawyer Blog

The Supreme Court has accepted certiorari in Abbott v. United States, 09-479, and Gould v. United States, 09-7073.  These cases involve the correct interpretation of 18 U.S.C. 924(c)’s “except clause”.  Before listing the various mandatory minimum sentences under the various subsections, the 924(c) contains the proviso, “except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law.”

The argument is that the “except clause” applies when a defendant is being sentenced for a 924(c) violation and some other statute which carries a higher mandatory minimum than the one which applies to the 924(c).  This can happen with ten year mandatory minimum drug cases and also with multiple counts of 924(c) (since the second or subsequent carries a 25 year minimum).

Firearms Offenses Georgia

Abbott is available here
Gould is available here