Abbott v. United States; Gould v. United States

Holding: A defendant is subject to the highest mandatory minimum specified for his conduct in 18 U.S.C. 924(c) unless another provision of law directed to conduct proscribed by Section 924(c) specifically imposes an even greater mandatory minimum sentence. (Kagan, J., recused).

Plain English Holding: An exception to a federal sentencing enhancement provision that requires an additional five-year sentence for anyone convicted of possessing a gun during a crime of violence or drug trafficking "except" to the extent a greater mandatory minimum sentence is required by "any other provision of law" applies only to statutes covering the same kind of conduct as the enhancement provision and not to cases in which the defendant is also convicted of a different kind of crime that has its own minimum sentence of more than five years. (Kagan, J., recused).

Judgment: Affirmed, 8-0, in an opinion by Justice Ruth Bader Ginsburg on November 15, 2010. Justice Kagan took no part in the consideration or decision of these cases.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Kevin Abbott
• Brief for Petitioner Carlos Rashad Gould
• Brief for Respondent United States of America
• Reply Brief for Petitioner Kevin Abbott (09-479)
• Reply Brief for Petitioner Carlos Rashad Gould (09-7073)

Amicus Briefs

• Brief for the American Bar Association in Support of Petitioner
• Brief for the National Association of Criminal Defense Lawyers in Support of Petitioner
• Brief for the Families Against Mandatory Minimums in Support of Petitioner

Certiorari-stage documents

• Opinion Below (3d Circuit)
• Opinion below (5th Cir.)
• Petition for certiorari (in 09-479) (unavailable)
• Petition for certiorari (in 09-7073)
• Memorandum for the United States in opposition (in 09-479)
• Memorandum for the United States in opposition (in 09-7073)
• Petitioner's reply (in 09-479) ( unavailable)