United States Sixth Circuit

18 U.S.C. section 924(c)(1), which provides for mandatory additional sentences for any person who uses or carries a firearm in furtherance of a crime of violence, is not binding on a sentencing court unless the type of firearm involved is charged in the indictment and proved to a jury beyond a reasonable doubt.

Appellate Information

• Decided 02/08/2005
• Published 02/08/2005

Judges

• Before:  KEITH, MOORE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert C. Brooks, Memphis, Tennessee, Eric Scott Hall, Wagerman Law Firm, Memphis, Tennessee, for Appellants. Lorraine Craig, Assistant United States Attorney, Memphis, Tennessee, for Appellee.   ON BRIEF:  Robert C. Brooks, Memphis, Tennessee, Eric Scott Hall, Wagerman Law Firm, Memphis, Tennessee, for Appellants. Lorraine Craig, Assistant United States Attorney, Memphis, Tennessee, for Appellee.