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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