U.S. Supreme Court to hear appeal of federal sentencing issue brought by Dallas I&A team
Clients Gould, Carlos Rashad
On the appeal of Jones Day's client's original sentence, the Fifth Circuit vacated and remanded for resentencing based on Mr. Gould's challenge to a federal sentencing guidelines enhancement for "reckless endangerment during flight" that the district court erroneously applied in determining his sentence. The district court subsequently resentenced Mr. Gould to a lower sentence but rejected the argument that the mandatory minimum sentence provided by 18 U.S.C. § 924(c)(1)(A) for Mr. Gould's conviction for possession of a firearm in furtherance of a drug trafficking offense does not apply where another count (here, the predicate drug trafficking offense) carries a greater mandatory minimum sentence. On appeal from the resentencing proceeding, the Fifth Circuit--in conflict with decisions from the United States Court of Appeals for the Second Circuit--also rejected this argument and affirmed Mr. Gould's new sentence. The Supreme Court of the United States has granted Jones Day's petition for writ of certiorari on behalf of Mr. Gould raising this issue and is expected to hear argument in the case (consolidated with the appeal in Kevin Abbott v. United States, No. 09-479) in October 2010.
United States of America v. Carlos Rashad Gould, 529 F.3d 274 (5th Cir. 2008), appeal after new sentencing hearing, 329 Fed. Appx. 569 (5th Cir.July 29, 2009), cert. granted, ___ S.Ct.___, 2010 WL 250523 (U.S. Jan 25, 2010)(NO. 09-7073)