U.S. Supreme Court - June 17, 2013
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by: Zara Lukens and Abassos • June 17, 2013 • no comments
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'''Any fact that increases the mandatory minimum constitutes an element''' | '''Any fact that increases the mandatory minimum constitutes an element''' | ||
− | Overruling Harris v. United States, the court finds that an increase in the mandatory minimum sentence constitutes an “element” that must be submitted to the jury. Prior to this decision, an increase in the statutory maximum triggered Apprendi, but an increase in the mandatory minimum did not. Here, the jury form did not indicate that the firearm was “brandished,” but the presentence report recommended a 7-year sentence, consistent with the defendant having brandished the weapon. Alleyne v. United States, 570 U.S.__(2013). | + | Overruling ''Harris v. United States'', the court finds that an increase in the mandatory minimum sentence constitutes an “element” that must be submitted to the jury. Prior to this decision, an increase in the statutory maximum triggered Apprendi, but an increase in the mandatory minimum did not. Here, the jury form did not indicate that the firearm was “brandished,” but the presentence report recommended a 7-year sentence, consistent with the defendant having brandished the weapon. Alleyne v. United States, 570 U.S.__(2013). |
{{wl-publish: 2013-06-17 16:46:29 -0700 | Zlukens }} | {{wl-publish: 2013-06-17 16:46:29 -0700 | Zlukens }} |
Revision as of 22:20, June 18, 2013
Any fact that increases the mandatory minimum constitutes an element
Overruling Harris v. United States, the court finds that an increase in the mandatory minimum sentence constitutes an “element” that must be submitted to the jury. Prior to this decision, an increase in the statutory maximum triggered Apprendi, but an increase in the mandatory minimum did not. Here, the jury form did not indicate that the firearm was “brandished,” but the presentence report recommended a 7-year sentence, consistent with the defendant having brandished the weapon. Alleyne v. United States, 570 U.S.__(2013).