United States v. O’Brien and Burgess

From ScotusWiki

To be argued February 23, 2010.

Docket: 08-1569

Issue: Whether the mandatory minimum sentence enhancement under 18 U.S.C. § 924(c)(1) to a 30-year minimum when the firearm is a machinegun is an element of the offense that must be charged and proved to a jury beyond a reasonable doubt, or instead a sentencing factor that may be found by a judge by the preponderance of the evidence.

Contents 1 Briefs and Documents 1.1 Merits Briefs 1.2 Amicus Briefs 1.3 Certiorari-Stage Documents

Briefs and Documents

Merits Briefs

• Brief for Petitioner United States
• Brief for Respondent Martin O'Brien
• Brief for Respondent Arthur Burgess

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

Certiorari-Stage Documents

• Opinion below (1^st Circuit)
• Petition for certiorari
• Brief in opposition for respondent Burgess
• Appendix to brief in opposition
• Brief in opposition for respondent O'Brien
• Petitioner’s reply