Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

United States v. O’Brien and Burgess

Docket No. Op. Below Argument Opinion Vote Author Term
08-1569 1st Cir. Feb 23, 2010
Tr.
May 24, 2010 9-0 Kennedy OT 2009
 
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Holding: The fact that a firearm was a machine gun is a fact that must be proved to the jury beyond a reasonable doubt at the time of trial, rather than a fact to be proved to the judge at the time of sentencing.

Plain English Summary:

Judgment: Affirmed, 9-0, in an opinion by Justice Anthony Kennedy on May 24, 2010. Justices Stevens and Thomas filed concurring opinions, with Justice Thomas concurring in the judgment only.

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