United States v. O’Brien and Burgess

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
08-1569	1st Cir.	Feb 23, 2010	May 24, 2010	9-0	Kennedy	OT 2009

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.

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.

SCOTUSblog Coverage

Machinegun provision with thirty-year mandatory minimum is element of offense (Anna Christensen, May 26, 2010)
Statutory interpretation in the context of Castillo (Anna Christensen, February 25, 2010)
Mandatory minimums and automatic weapons (Anna Christensen, February 19, 2010)

Briefs and Documents

Brief for Petitioner United States
Brief for Respondent Martin O’Brien
Brief for Respondent Arthur Burgess
Reply Brief for Petitioner United States

Amicus Briefs

Brief for Center for the Administration of Criminal Law in Support of Respondent
Brief for the National Association of Federal Defenders in Support of Respondent
Brief for Families Against Mandatory Minimums and the National Association of Criminal Defense Lawyers in Support of Respondent

Certiorari-stage documents

Opinion below (1st Circuit)
Petition for certiorari
Brief in opposition for respondent O'Brien
Brief in opposition for respondent Burgess
Petitioner's reply

Breaking News

United States v. O’Brien and Burgess

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-stage documents

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