United States Fourth Circuit

Because the statutory language, structure, context, and history of 18 USC 924(c)(1)(A) leads to the conclusion that "brandished" is a sentencing factor, not an element of the offense, evidence of brandishing need not be charged and proved beyond a reasonable doubt.

Appellate Information

• Decided 03/20/2001
• Published 03/20/2001

Judges

• Before MICHAEL and MOTZ, Circuit Judges, and PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Carlton Ingram, Jr., First Assistant Federal Public Defender, Greensboro, NC, for Appellant. Steven Hale Levin, Assistant United States Attorney, Greensboro, NC, for Appellee. ON BRIEF:  Louis C. Allen, III, Federal Public Defender, Greensboro, NC, for Appellant.  Walter C. Holton, Jr., United States Attorney, Greensboro, NC, for Appellee.