United States Supreme Court

Defendant's sentence for using or carrying a firearm in relation to a crime of violence that included an increased penalty for "brandishing a weapon" based on the sentencing judge's finding of brandishing, is vacated and remanded, where: 1) because mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an "element" that must be submitted to the jury; and 2) here, the sentencing range supported by the jury's verdict was five years' imprisonment to life, but the judge, rather than the jury, found brandishing, and this increased the penalty to which defendant was subjected and violated his Sixth Amendment rights.

Appellate Information

• Decided 06/17/2013
• Published 06/17/2013

Judges

• THOMAS

Court

• United States Supreme Court

Counsel