United States Seventh Circuit

The classification of a firearm as a "semiautomatic assault weapon" under 18 USC 924(c)(1)(B)(i), is a sentencing factor, and not an element of the offense (of using and carrying a firearm in connection with a crime of violence or drug trafficking) which does not require submission to a jury for proof beyond a reasonable doubt.

Appellate Information

• Argued 01/24/2001
• Decided 02/20/2001
• Published 02/20/2001

Judges

• TERENCE T. EVANS, Circuit Judge., Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stephen A. Kubiatowski (argued), Office of the U.S. Atty., Springfield, MO, Donald B. Allegro, Office of the U.S. Attorney, Rock Island, IL, for Plaintiff-Appellee., Robert L. Rascia, Peter J. Faraci (argued), Serpico, Novelle & Navigato, Chicago, IL, for Defendant-Appellant.