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Challenges to 18 U.S.C. 924(c)--Firearms During and In Relation to Drug/Violent Crime
The United States Supreme Court is considering how to apply 18 U.S.C. 924(c), which increases the punishment for firearms possessed during and in relation to drug crimes and crimes of violence. At issue is whether the law, which provides for mandatory minimum sentences, was designed to enhance a sentence for a drug crime or crime of violence having a greater minimum sentence. The cases to watch are United States v. Abbott and United States v. Gould. Recently, Judge Wanger in the Eastern District of California elected to run a sentence for the 18 U.S.C. 924(c) concurrent to the 10 year mandatoroy minimum for marijuana possession. We will have to see where the Supreme Court comes down on this issue.