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:

Tolentino v. New York (Granted )

Docket: 09-11556
Issue(s): Whether pre-existing identity-related governmental documents, such as motor vehicle records, obtained as the direct result of police action violative of the Fourth Amendment, are subject to the exclusionary rule?

Certiorari stage documents:

Fowler v. United States (Granted )

Docket: 10-5443
Issue(s): Whether a defendant can be convicted of murder under 18 U.S.C. § 1512(a)(1)(C), which is part of the federal witness-tampering statute, without proof that information regarding a possible federal crime would have been transferred from the victim to federal law enforcement officers or judges.

Certiorari stage documents:

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

Posted in Merits Cases

Recommended Citation: Anna Christensen, Details on this morning’s opinion and orders, SCOTUSblog (Nov. 15, 2010, 11:00 AM),