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Criminal Law

: Sentencing Law and Policy

SCOTUS kicks off new Term considering application of gun mandatory minimums

By Douglas A. Berman

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Though the new Supreme Court term does not have many obvious sentencing blockbusters in the works, the term kicks off today with a pair of sentencing cases.  As detailed in this SCOTUSblog post, the two cases address the same basic issue: "in Abbott v. United States and Gould v. United States, the Court will consider whether two defendants were improperly sentenced to consecutive five-year prison terms under 18 U.S.C. § 924(c) when they were subject to a greater minimum sentence on a different count of conviction."  This ABA Preview authored by Professor Brooks Holland provides more background: Petitioners Kevin Abbott and Carlos Rashad Gould were convicted of narcotics and firearms offenses, including one count each of possessing a firearm during a drug trafficking crime, in violation of 18 U...continue to full post

Full post as published by Sentencing Law and Policy on October 04, 2010 (boomark / email).

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