United States v. Almany
Concurring Opinion
Circuit Judges, concurring.
The Supreme Court has now decided that the phrase “any other provision of law” has a meaning exactly opposite to the ordinary meaning of the words. This mode of interpretation was sometimes followed in the early days of the Common Law in the time of Edward I and II in the 13th and 14th Centuries when the judges would sometimes correct the legislative language and reverse the meaning of a statute under a doctrine of interpretation called “The Equity of the Statute.” Looking back some four centuries later, Blackstone said the early judges would sometimes change the statute when “the law (by reason of its universality) is deficient” and needed correction or the judges had participated in making the statute and knew what it was supposed to mean. A fuller description of this practice is found in Plucknett, A Concise History of the Common Law, 331-35 (5th ed. 1956). In this case, a unanimous Supreme Court engaged in a similar instance of 13th Century “originalism” by interpreting the “equity” of a statute to mean just the opposite of what the words say because the Court believed it knew the intended meaning of the statute.
Here the district court, at the request of the government, piled two mandatory minimum sentences on top of each other, one a 10-year drug sentence, the second a 5-year firearms sentence connected to the drug sentence. Our court set the 5-year firearms sentence aside under the words of the firearms statute that state expressly that the 5-year sentence should not be imposed at all “to the extent that a greater minimum sentence is otherwise provided ... by any other provision of law.” United States v. Almany, 598 F.3d 238, 241-42 (6th Cir. 2010) (quoting 18 U.S.C. § 924(c)(1)(A) (emphasis added)).
. The statute in question reads:
Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime ... uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime [receive a five year mandatory minimum, consecutive sentence],
18 U.S.C. § 924(c)(1)(A) (emphasis added).
Opinion of the Court
ORDER
The five year firearms sentence imposed under 18 U.S.C. § 924(c)(1)(A) is hereby restored in light of Abbott v. United States, — U.S. -, 131 S.Ct. 18, — L.Ed.2d - (2010), after the Supreme Court vacated our judgment and remanded it to us in light of the Abbott case.
Accordingly, the judgment of the District Court is affirmed.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Lee ALMANY, Defendant-Appellant
- Cited By
- 8 cases
- Status
- Published