Greater minimum for the same firearm conduct displaces the lower minimum

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 law
Source: 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 law
Source: docroot/ir/usc/title18.jsonl#title18_sec924; Unicode character offsets [7359:7489] (end exclusive); SHA-256 899fad466e76614e7f7b0bb794089010ef0af034312bcd194c76394228dbfdc4.

All variants

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How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations

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.

/us/562/0008-01

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.