SCOTUS to consider Apprendi Expansion

On Monday the U.S. Supreme Court will hear argument in Alleyne v. United States, a case that could advance the Apprendi revolution. See this site's discussion at the time of the cert. grant or, for more details, look at SCOTUSBLOG's argument preview. Briefly the case involved a defendant convicted of robbery, and "using" a firearm, but not guilty of a separate charge for "brandishing." Notwithstanding the "brandishing" acquittal, the District Court enhanced the sentence based on a judicial finding of brandishing, believing that was required by the Supreme Court's 2002 plurality decision in Harris v. United States. In Alleyne SCOTUS appears poised either to overrule Harris or breathe new life into it. Stay tuned.