Judicial Found Facts Cannot Increase Mandatory Minimums
In United States v. Alleyne, a jury convicted Alleyne of “using or carrying a firearm during and in relation to a crime of violence.” Based on the Government’s choice of the “use” or “carry” verbs found in this prong of §924(c), Alleyne faced a mandatory minimum sentence of five years up to life imprisonment. However, at sentencing, the district court judge found that Alleyne’s conduct was more consistent with “brandishing,” which increased the mandatory minimum sentence to 7 years.
Today, the United States Supreme Court extended its ruling in Apprendi and held that judicial fact-finding increasing the mandatory minimum sentence violates the Sixth Amendment. In short, after Alleyne and Apprendi, any fact increasing either the mandatory minimum or the maximum sentence for a crime charged by the grand jury must be found by a petit jury beyond a reasonable doubt.
RECENT POSTS
categories
- Uncategorized
- child pornography
- Drug Offenses
- Scott & Nolder Review
- DUI
- Domestic Violence
- Criminal Defense
- reckless harm
- Criminal Charges
- Gun Control
- Sentencing
- OVI
- National Sex Offender Registry
- SENTENCING DATA
- Capital Punishment
- Illegal Reentry
- Court Behavior
- Sex Offenders
- Order of Protection
- Mortgage Fraud
- Technology
- Fraud Charge
- DNA
- Military Service
- Federal Law
- Infographic
- Jail Population
- Federal Bureau of Prisons
- Sentencing Reform
- Term of Supervised Release
- Attorney Behavior
- Reduced Drug Sentences
- Judicial Behavior
- Supervised Release
- Federal Parole
- ethics
- Legalizing Marijuana
- Attorney
- LEGAL EDUCATION
- Alcohol
- Vagueness
- Bail
- Traffic Ticket
- Manslaughter
- Gun
- Assault
- Scott & Nolder Law Firm
- Criminal Lawyer Reviews
- Consent Laws
- Internet Sex Crimes
- Bonds
- Tax Crimes
- Miranda Warning
Archives
2023
2019
2018
2016
2015
- December (7)
- November (11)
- October (2)
- September (3)
- August (9)
- July (13)
- June (8)
- May (15)
- April (10)
- March (14)
- February (1)
- January (6)
2014
- December (7)
- November (9)
- October (9)
- September (4)
- August (2)
- July (11)
- June (5)
- May (6)
- March (3)
- February (2)
- January (6)