Federal Judiciary

Details on this morning?s opinion and orders

By Anna Christensen

This morning, the Court handed down an opinion in Abbott v. United States and Gould v. United States (Nos. 09-479 and 09-7073), affirming the ruling of the lower court and holding that 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.  The full text of that opinion appears at the end of this post.

The Court also granted certiorari in two cases this morning; this morning?s full order list is here. Details of the cases granted this morning follow. (This post will be updated as additional details on today’s granted cases become available.)

The following petitions were granted this morning:

Title: Tolentino v. New York (Granted )
Docket: 09-11556
Issue(s):

Certiorari-Stage Documents:

• Opinion below (Court of Appeals of New York)

Title: Fowler v. United States (Granted )
Docket: 10-5443
Issue(s):

Certiorari-Stage Documents:

• Opinion below (11th Circuit)

Also this morning, the Court denied a motion to dismiss the writ of certiorari in Kentucky v. King (09-1272) as improvidently granted ; respondent Hollis King had sought dismissal because the charges against him had been dismissed before the Supreme Court granted review.

Finally, the Court also granted a motion in Henderson v. Shinseki (09-1036) to substitute as the petitioner the widow of David Henderson, who died after the Court granted review.

No summary dispositions were issued today, and no requests were made for the views of the Acting Solicitor General.

The full text of this morning?s opinion in Abbott v. United States and Gould v. United States follows.

Abbott v. US/Gould v. US, 09-479

Full post as published by SCOTUSBLOG on November 15, 2010 (boomark / email).