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Constitutional Law
: Of Arms and the LawSupreme Court on mandatory sentencing
The Supreme Court handed down its ruling in Abbot v. US.
18 USC 924(c) provides for a mandatory five year sentence for possession of a gun in connection with a drug trafficking crime. The sentence is to be in addition to any other imprisonment, except to the extent that a greater mandatory sentence is imposed by 924(c) or other law. Defendants had received 10 and 15 year mandatory sentences for felon in possession and drug trafficking offenses.
The Court unanimously rules that the "except" clause only relates to mandatory sentences imposed for the conduct that 924(c) punishes, i.e., for possession in connection with a drug trafficking offense, not for drug trafficking itself or for felon in possessison.
Full post as published by Of Arms and the Law on November 16, 2010 (boomark / email).
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