United States Supreme Court
US v. O'Brien, 08-1569
The First Circuit's affirmance of defendant's sentence for using a firearm in furtherance of a crime of violence is affirmed where the fact that the firearm was a machine gun was an element to be proved to the jury beyond a reasonable doubt, not a sentencing factor to be proved to the judge at sentencing.
Appellate Information
- Decided 05/24/2010
- Published 05/24/2010
Judges
Court
- United States Supreme Court