United States v. O’brien

Summary

The Court held that a fact that a firearm is a machinegun under 18 U.S.C. § 924(c)(1)(B)(ii) is an element of the offense that must be proved to the jury beyond a reasonable doubt, rather than a sentencing factor to be determined by the judge. This conclusion relied on the Court's prior decision in Castillo v. United States and the factors there employed, concluding the 1998 amendments to the statute did not alter this interpretation. Justice Stevens and Justice Thomas concurred, arguing for broader application of Apprendi to mandatory minimums and criticizing McMillan.