Whether the Supreme Court's decision in Pepper v. United States overruled United States v. Hatcher and related opinions from the U.S. Court of Appeals for the 8th Circuit to the extent that those opinions limit the district court's discretion to consider the mandatory consecutive sentence under 18 U.S.C. § 924(c) in determining the appropriate sentence for the felony serving as the basis for the Section 924(c) conviction.
DECISIONDecided April 3, 2017 HOLDING
Section 924(c) does not prevent a sentencing court from considering a mandatory minimum imposed under that provision when calculating an appropriate sentence for the predicate offense.
ROBERTS, C. J., delivered the opinion for a unanimous Court.
ORAL ARGUMENTArgued February 28, 2017
CERTIORARI STAGEGranted October 28, 2016
United States Court of Appeals for the Eighth Circuit
Decided December 29, 2015