Alleyne v. United States
   HOME

TheInfoList



OR:

''Alleyne v. United States'', 570 U.S. 99 (2013), was a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that decided that, in line with '' Apprendi v. New Jersey'' (2000), all facts that increase a mandatory minimum sentence must be submitted to and found true by a jury (not merely determined to be true by a judge's discretion). The majority opinion was written by Justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
, joined by Justices Ginsburg, Breyer,
Sotomayor Sotomayor is a Galician surname. Notable people with the surname include: * Sonia Sotomayor, U.S. Supreme Court justice In arts and entertainment * Carlos Sotomayor (1911–1988), Chilean painter * Chris Sotomayor, artist who works as a colorist ...
, and Kagan.


Summary of findings

In the original trial, the defendant (Alleyne) was convicted of using or carrying a firearm in a violent crime, which carried a mandatory minimum penalty of five years' imprisonment. However, the mandatory minimum would rise to seven years if the accused were found to have "brandished" the firearm during the crime, and to ten years if he had fired it. In the original trial, the judge (not the jury) determined that Alleyne had probably brandished the firearm during the robbery, which caused the mandatory minimum sentence to rise to seven years (which was the sentence imposed). The Supreme Court found that the question of whether or not the accused had brandished his weapon during the robbery was not merely a "sentencing factor," which the judge could unilaterally decide, but an "ingredient of the offense," which must be assessed and decided upon by the jury. The Court also expressly overruled '' Harris v. United States'' (2002), which had reached a contrary ruling.


See also

*
List of United States Supreme Court cases, volume 570 External links {{SCOTUSCases, 570 Lists of 2012 term United States Supreme Court opinions ...
*'' Southern Union Co. v. United States'' (2012) *''
United States v. O'Brien ''United States v. O'Brien'', 391 U.S. 367 (1968), was a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Thoug ...
'' (2010)


References


Further reading

* *


External links

* United States Supreme Court cases United States Supreme Court cases of the Roberts Court United States Sixth Amendment sentencing case law United States Supreme Court decisions that overrule a prior Supreme Court decision 2013 in United States case law {{US-case-law-stub