This section contains the nature of the case and procedural background.

D and an accomplice tricked a store manager to stop. D’s accomplice approached the manager with a gun and demanded the store’s deposits, which the manager surrendered. D was later charged with multiple federal offenses, including robbery affecting interstate commerce, and using or carrying a firearm in relation to a crime of violence. The latter carried a sentence of not less than 5 years, if the firearm is brandished, a sentence of not less than 7 years and if the firearm is discharged, a sentence not less than 10 years. The jury indicated on the verdict form that D had “used or carried a firearm during and in relation to a crime of violence,” but did not indicate a finding that the firearm was “brandished.” The presentence report recommended a 7-year sentence and D objected in that the jury did not find brandishing beyond a reasonable doubt and that he was subject only to the 5-year minimum for “using or carrying a firearm.” D contended that raising his mandatory minimum sentence based on a sentencing judge’s finding that he brandished a firearm would violate his Sixth Amendment right to a jury trial. The District Court explained that, under Harris, brandishing was a sentencing factor that the court could find by a preponderance of evidence without running afoul of the Constitution. The Court of Appeals affirmed

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.