United States v. O’Brien and Burgess
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 Anthony McLeod Kennedy on May 24, 2010. Justices Stevens and Thomas filed concurring opinions, with Justice Thomas concurring in the judgment only.
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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Recommended Citation: United States v. O’Brien and Burgess, SCOTUSblog, https://www.scotusblog.com/cases/united-states-v-obrien-and-burgess/