Harris v. United States — Breyer, J., concurring

Summary

Justice Breyer concurred in part and in the judgment, noting he could not logically distinguish Apprendi from this case but maintained that the Sixth Amendment permits judges to apply sentencing factors for mandatory minimums. He joined the judgment because the plurality held Apprendi does not apply to mandatory minimums, emphasizing policy concerns but declining to extend the rule. Thomas, dissenting, would have applied Apprendi to mandatory minimums and overruled McMillan.