Abbott v. United States

3 Analyses of this case by attorneys

  1. Firearm Offenses - Use of Firearm . . . § 924(c)

    Garland, Samuel & Loeb, P.C.Don SamuelSeptember 1, 2015

    Abbott v. United States, 131 S. Ct. 18 (2010) In a unanimous opinion, the Court rejects the Second Circuit decision in Whitley and holds that the § 924(c) consecutive sentence provision applies even if there is another mandatory minimum provision in a related offense, such as the underlying drug offense. Watson v. United States, 128 S. Ct. 579 (2007) A person who sells drugs in exchange for a gun does not “use” the firearm during and in relation to a drug offense.

  2. Federal Firearm Offenses, Construction of ‘Except’ Clause

    Tieber Law OfficeF. Martin TieberOctober 30, 2011

    Abbott v United States, __ US __; 131 S Ct 18 (2010)(nov’10). In a pair of cases the Court considered the argument of the defendants that 18 U.S.C. § 924(c)’s “except” clause rendered their consecutive sentences for using, carrying or possessing a deadly weapon in connection with “any crime of violence or drug trafficking crime.”

  3. Federal Firearm Offenses, Construction of ‘Except’ Clause

    Tieber Law OfficeF. Martin TieberMay 31, 2011

    Abbott v United States, __ US __; 131 S Ct 18 (2010)(nov’10). In a pair of cases the Court considered the argument of the defendants that 18 U.S.C. § 924(c)’s “except” clause rendered their consecutive sentences for using, carrying or possessing a deadly weapon in connection with “any crime of violence or drug trafficking crime.”