Tag: mandatory minimum sentence
Jury Not Judge to Decide Whether a Weapon Is a Machine Gun

Today the Supreme Court decided United States v. O’Brien. Under 18 U.S.C. 924(c) certain mandatory minimum sentences apply for carrying/using/possessing a firearm during a crime of violence or drug trafficking crime. The typical mandatory minimum is 5 years, but if the weapon is a machine gun, then the minimum becomes 30 years. The Court, in a unanimous…
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