The U.S. Supreme Court has just voted 8-0 (Justice Kagan recused) to affirm tacked-on sentences for criminals convicted of using a firearm during the commission of a federal crime. The ruling comes after the Court heard arguments re: two consolidated cases (Abbott v. U.S., 09-479, and Gould v. U.S., 09-7073). A brace of convicted drug dealers sought to have the High Court strike down the five years added to their sentences for firearms possession. For those of a legal bent, the Court held that “A defendant is subject to the highest mandatory minimum specified for his conduct in §924(c), unless another provision of law directed to conduct proscribed by §924(c) imposes an even greater mandatory minimum.” Click here to download the Court’s opinion.
Gun folks have been asking for the Supremes to issue unanimous gun-related decisions. Well, here you go….
Does Kagan have a reason for recusing herself other than not liking to punish criminals?
Yes. She was Solicitor General during the pendency of these cases and authored opinions on the government's side. Also, she was so busy putting on her makeup that she missed the docket call.
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