Supreme Court of the United States to Hear 924c Issue

The Supreme Court of the United States granted certiorari last week in Alleyne v. United States, No. 11-9335. The federal question of importance is whether under the Sixth Amendment to the United States Constitution, a jury, not a judge, must find that the defendant brandished a firearm in order to trigger the seven (7) year mandatory minimum under 18 USC 924(c). Essentially, what the High Court will decide is whether the precedent set forth in Harris v. United States, 536 U.S. 545 (2002) should be overturned. In the instant case, the federal indictment alleged that defendant Alleyne "did knowingly use, carry, brandish, and possess a firearm during and in relation to and in furtherance of" a robbery. The jury was given a special verdict form and he was acquitted of brandishing. This is a gigantic step forward for federal defendants. We will keep you posted as to oral arguments and ultimately the decision.

No Comments

Leave a comment
Comment Information
  • Badge 1
  • Badge 2
  • Badge 3
  • Badge 4
  • Badge 5
  • Badge 6
  • Badge 7
  • Badge 8

Contact O'Brien Hatfield, PA for a free case evaluation today

In Tampa, call (813) 345-4909. In Orlando, call (888) 496-5916 . For fast answers, email us using the form below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Footer Brand

Tampa Bay Office
511 West Bay Street Suite 330
Tampa, FL 33606

Toll Free: 888-496-5916
Phone: 813-345-4909
Tampa Law Office Map

Central Florida Office
121 South Orange Avenue Suite 1500
Orlando, FL 32801

Toll Free: 888-496-5916
Phone: 407-808-6750
Orlando Law Office Map

South Florida Office
Northbridge Tower
515 North Flagler Drive
Suite P-300
West Palm Beach, FL 33401

Toll Free: 888-496-5916
South Florida Office Map

South Florida Office
Brickell Bay Office Tower
1001 Brickell Bay Drive
Suite 2700 M-1
Miami, FL 33131

Toll Free: 888-496-5916
Phone: 305-909-0624
Miami Law Office Map