Editor's Note :

close editor's note Editor's Note :

The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the Supreme Court hears oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc.; Christopher Walker has our preview.
On Monday the Supreme Court also hears oral argument in The Dutra Group v. Batterton; Joel Goldstein has our preview.

United States v. O’Brien and Burgess

Docket No. Op. Below Argument Opinion Vote Author Term
08-1569 1st Cir. Feb 23, 2010
Tr.
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

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-stage documents

 
Share:
Term Snapshot
Awards