United States v. O'Brien (2009)
- Docket
- 08-1569
- Decided
- 2009-01-01
Summary
Question: Is the sentencing enhancement for use of a firearm that is a machine gun under 18 U.S.C. Section 924(c) an element of the crime that must be proved "beyond a reasonable doubt" to a jury or a mere sentencing factor that may be found by a judge "by a preponderance of the evidence?" Conclusion: The Supreme Court affirmed, holding that the fact that a firearm was a machinegun is an element to be proved to the jury beyond a reasonable doubt, not a sentencing factor to be proved to the judge at sentencing. With Justice Anthony M. Kennedy writing for the majority, the Court reasoned that Congress determines whether a fact is an element or a sentencing factor. But when Congress is not explicit, the courts look to a statute's provision and framework for guidance. Under this analysis, the Court determined that the fact a firearm was a machine gun is an element of the crime. Justice John Paul Stevens wrote separately, concurring. He argued that McMillan and Harris , two cases holding that "sentencing factors" need only be proved by a preponderance of the evidence, should be overruled. Justice Clarence Thomas also wrote separately, concurring in the judgment. He agreed with the majority's conclusion, but argued that the better approach is to treat any sentencing facts that increase the mandatory minimum sentence as an "element of a separate, aggravated offense that is submitted to a jury and proved beyond a reasonable doubt."