Supreme Court of the United States

United States v. O’brien — Thomas, J., Concurring

May 24, 2010560 U.S. 218

Summary

Justice Thomas concurs in the judgment, arguing that sentencing facts that increase mandatory minimum sentences are elements under the Sixth Amendment and must be submitted to a jury. He asserts this requirement follows from Apprendi v. New Jersey and applies regardless of whether the fact alters the statutory maximum.