EXCEPTION · 18usc924:higher-minimum
Abbott, 562 U.S. 8 (2010), construes the (c)(1)(A) proviso. The second text anchor preserves the separate (c)(5) proviso; no independent holding on that ammunition branch is attributed to Abbott.
Exact element source
Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of lawSource:
docroot/ir/usc/title18.jsonl#title18_sec924; Unicode character offsets [4178:4304] (end exclusive); SHA-256 899fad466e76614e7f7b0bb794089010ef0af034312bcd194c76394228dbfdc4.Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of lawSource:
docroot/ir/usc/title18.jsonl#title18_sec924; Unicode character offsets [7359:7489] (end exclusive); SHA-256 899fad466e76614e7f7b0bb794089010ef0af034312bcd194c76394228dbfdc4.All variants
No variants recorded in this snapshot.
How courts decided this element
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Court interpretations
interpretation
We hold, in accord with the courts below, and in line with the majority of the Courts of Appeals, that a defendant is subject to a mandatory, consecutive sentence for a § 924(c) conviction, and is not spared from that sentence by virtue of receiving a higher mandatory minimum on a different count of conviction.
We hold, in accord with the courts below, and in line with the majority of the Courts of Appeals, that a defendant is subject to a mandatory, consecutive sentence for a § 924(c) conviction, and is not spared from that sentence by virtue of receiving a higher mandatory minimum on a different count of conviction.Source:
docroot/ir/caselaw/us_562.jsonl#/us/562/0008-01; Unicode character offsets [3127:3439] (end exclusive); SHA-256 94df6ea0b4487cd5d752deca1cb69bd1254db9721e7743cdf4a874c5c37bed63.Abbott, 562 U.S. 8 (2010), construes the (c)(1)(A) proviso. The second text anchor preserves the separate (c)(5) proviso; no independent holding on that ammunition branch is attributed to Abbott.