Second Circuit – US v. Williams
In United States v. Williams, the Second Circuit held that a defendant was exempt from the five-year mandatory minimum consecutive sentence for a firearm offense because he was already subject to a longer ten-year minimum sentence for the predicate drug trafficking crime. The Court agreed that Section 841(b)(1)(A) is “any other provision of law” that “otherwise provide[s]” “a greater minimum sentence,” 18 U.S.C. § 924(c)(1)(A), so that the five-year minimum for possession of a firearm under Section 924(c)(1)(A)(i) did not apply.
Marshall A. Mintz is a criminal defense lawyer in New York City who has experience with a vast variety of criminal matters, ranging from high‑profile federal trials to simple prosecutions in New York City Criminal Court.