United States v. O’Brien and Burgess
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1569 | 1st Cir. | Feb 23, 2010 | May 24, 2010 | 9-0 | Kennedy | OT 2009 |
Holding: The fact that a firearm was a machine gun is a fact that must be proved to the jury beyond a reasonable doubt at the time of trial, rather than a fact to be proved to the judge at the time of sentencing.
Judgment: Affirmed, 9-0, in an opinion by Justice Anthony Kennedy on May 24, 2010. Justices Stevens and Thomas filed concurring opinions, with Justice Thomas concurring in the judgment only.
SCOTUSblog Coverage
- Machinegun provision with thirty-year mandatory minimum is element of offense (Anna Christensen, May 27, 2010)
- Statutory interpretation in the context of Castillo (Anna Christensen, February 25, 2010)
- Mandatory minimums and automatic weapons (Anna Christensen, February 19, 2010)
Merits Briefs
- Brief for Petitioner United States
- Brief for Respondent Martin O’Brien
- Brief for Respondent Arthur Burgess
- Reply Brief for Petitioner United States
Amicus Briefs
- Brief for Center for the Administration of Criminal Law in Support of Respondent
- Brief for the National Association of Federal Defenders in Support of Respondent
- Brief for Families Against Mandatory Minimums and the National Association of Criminal Defense Lawyers in Support of Respondent
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