Law school clinic at U.Va. readies case for Supreme Court

CHARLOTTESVILLE -- Another semester at the University of Virginia School of Law, another U.S. Supreme Court case to prepare for argument.

The school's Supreme Court Litigation Clinic is representing a man whose case will be heard by the U.S. Supreme Court later this year. Kevin Abbott v. United States of America, the clinic's fifth case in four years before the Supreme Court, focuses on part of the law regarding sentence enhancements in federal firearms cases.

According to court documents, Abbott was convicted in a Pennsylvania federal court on two drug charges, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon.

In addition to sentences on the drug charges, Abbott was given 15 years on the felony firearm charge and five on the drug firearm charge.

Abbott has been appealing the sentence, documents said, because he questions the additional five-year sentence. Daniel R. Ortiz, the John Allan Love Professor of Law, said the federal section allows for an additional sentence of at least five years when that person uses or carries a firearm or has it in furtherance of a drug or violent crime unless a larger minimum sentence is provided by "any other provision of law."

The appeal seeks to determine whether that phrase, known as the "except" clause, includes the sentence for the underlying drug trafficking or violent offense. If not, the appeal asks whether the phrase includes another offense for possessing the same firearm in the same transaction.

Ortiz said federal prosecutors use the sentence enhancement to strengthen their hand in plea bargains.

"It really gives them a big leg up before you even get to trial," he said.

The clinic, which is made up of third-year students, has been doing research and writing for the case. David Goldberg, one of the clinic's instructors, will argue the case in the fall.