SCORIBLOG follows the Supreme Court of Rhode Island, topics related Rhode Island law, and other legal matters of interest to lawyers. The author of SCORIBLOG is Attorney Thomas M. Dickinson.
Friday, October 5, 2012
Extending Appendi?
The United States Supreme Court today granted cert. to review the Fourth Circuit's decision in United States v. Alleyne. This is a new case in the Apprendi line, wherein the Court will decide whether a federal district court can enhance the sentence in a robbery case for the defendant's "brandishing" of a firearm, where there is no specific jury finding on that fact (he was, however, convicted of "use or carry" of a firearm during the robbery).
For Alleyne to prevail, the Supreme Court would have to overrule their 2002 decision in Harris v. United States; the cert. grant invites argument on that point.
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