Abbott v. U.S.

In two cases consolidated for oral arguments, the Supreme Court has agreed to decide whether a mandatory minimum sentence provided by 18 U.S.C. § 924(c)(I)(A) applies to a count when another count already carries a greater mandatory minimum sentence.

In both cases, the defendants engaged in drug trafficking while using a firearm. Both defendants received an additional five-year sentence for using or carrying a firearm in furtherance of a drug trafficking crime pursuant to 18 U.S.C § 924(c)(1)A), even though they received longer mandatory minimum sentences under the Armed Career Criminal Act.

On appeal, they argued that the sentencing enhancement provided by 18 U.S.C. § 924(c)(1)A) should run concurrently with their already longer minimum sentences. The Third and Fifth Circuits rejected the defendants' arguments.

On Jan. 25, 2010, the U.S. Supreme Court consolidated the two cases for oral arguments.

Question presented: Does a mandatory minimum sentence provided by 18 U.S.C. § 924(c)(I)(A) apply to a count when another count already carries a greater mandatory minimum sentence?