United States First Circuit
US v. O'Brien, 072312
In a conviction for charges related to attempted robbery, conspiracy to affect interstate commerce, and carrying a firearm in furtherance of a crime of violence, ruling that machine-gun possession was an element of a crime rather than a sentencing enhancement is affirmed where absent a clearer or more dramatic change in language or legislative history expressing a specific intent to assign judge or jury functions, court is bound by Supreme Court decision, Castillo v. US, 530 U.S. 120 (2000).
Appellate Information
- Decided 09/23/2008
- Published 09/23/2008
Judges
Court
- United States First Circuit