<< Oh, never mind on private prosecutors | Main | Tiny risk is not plain error >>


Machine gun enhancement is element of crime

| 0 Comments
In United States v. O'Brien, the syllabus summarizes the holding: "Held: The fact that a firearm was a machine gun is an element to be proved to the jury beyond a reasonable doubt, not a sentencing factor to be proved to the judge at sentencing." Doug Berman has this post at SL&P.

Leave a comment

Monthly Archives