Brief Fact Summary. Gun and narcotics dealer was given a higher sentence for brandishing a gun.
Synopsis of Rule of Law. McMillan is “limit[ed] . . . to cases that do not involve the imposition of a sentence more severe than the statutory maximum for the offense established by the jury’s verdict.”
Within the range authorized by the jury's verdict, however, the political system may channel judicial discretion—and rely upon judicial expertise—by requiring defendants to serve minimum terms after judges make certain factual findings.View Full Point of Law
Issue. “Whether [the] McMillan [case, which ‘sustained a statute that increased the minimum penalty for a crime.