|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|09-479||5th Cir.||Oct 4, 2010||Nov 15, 2010||8-0||Ginsburg||OT 2010|
Holding: 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. (Kagan, J., recused).
Plain English Holding: An exception to a federal sentencing enhancement provision that requires an additional five-year sentence for anyone convicted of possessing a gun during a crime of violence or drug trafficking "except" to the extent a greater mandatory minimum sentence is required by "any other provision of law" applies only to statutes covering the same kind of conduct as the enhancement provision and not to cases in which the defendant is also convicted of a different kind of crime that has its own minimum sentence of more than five years. (Kagan, J., recused).
Judgment: Affirmed, 8-0, in an opinion by Justice Ruth Bader Ginsburg on November 15, 2010. Justice Kagan took no part in the consideration or decision of these cases.
As a lawyer, Leondra Kruger argued 12 cases at the U.S. Supreme Court. As a California Supreme Court justice, she has a liberal-leaning record but has sometimes voted with more conservative colleagues in divided cases. Here's @AHoweBlogger's profile:
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A rule that allows SCOTUS to hear cases before appeals courts weigh in used to be very rare. But in the past three years, it's become far more common. And the justices haven't said why.
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Sonia Sotomayor appeared this morning on @TODAYshow to promote her new children's book, "Just Help!: How to Build a Better World." She spoke briefly about the public's perception of the court. Here's the interview: https://www.today.com/video/justice-sotomayor-on-new-book-supreme-court-s-credibility-loss-of-her-mother-131639365722