Breaking News

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

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-stage documents