Citation. Harris v. United States, 536 U.S. 545, 122 S. Ct. 2406, 153 L. Ed. 2d 524, 70 U.S.L.W. 4655, 2002 Cal. Daily Op. Service 5585, 2002 Daily Journal DAR 7035, 15 Fla. L. Weekly Fed. S 473 (U.S. June 24, 2002)
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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.”
Facts.
Petitioner Harris sold narcotics out of his pawnshop, while wearing an unconcealed firearm. Under 18 U.S.C. Section: 924 (c)(1)(A), he was sentenced to seven years for “brandishing” his firearm. Petitioner argued that this was a statutory offence separate from the crime on which he had been convicted, and had to be proved under Apprendi.
Issue.
“Whether [the] McMillan [case, which ‘sustained a statute that increased the minimum penalty for a crime.
