Supreme Court of the United States

United States v. Martin O'Brien and Arthur Burgess

May 24, 2010176 L. Ed. 2d 979

Summary

Justice Stevens concurred to argue that facts triggering mandatory minimum sentences should be treated as elements of the offense, requiring proof beyond a reasonable doubt. He contends that McMillan and Harris were wrongly decided because they allowed judicial factfinding to increase penalties by a preponderance of evidence.