U.S. v. Hudson

Federal 7th Circuit Court
Criminal Court
Citation
Case Number: 
No. 09-3680
Decision Date: 
December 6, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in imposing 60-month term of incarceration on charge of gun possession in furtherance of drug dealing under section 924(c)(1)(A) where said sentence was imposed consecutively to 120-month mandatory minimum sentence on drug distribution charge. Ct. rejected defendant's argument that section 924(c)(1)(A) only requires imposition of consecutive sentence if underlying crime (i.e., drug distribution charge) does not impose greater mandatory minimum sentence. Moreover, Supreme Court, in Abbott, 131 SCt 18, found that section 924(c) requires that offenders receive extra punishment for use of guns in crime of violence or drug trafficking.