Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Harris v. United States

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Criminal Procedure keyed to Weinreb

Citation. Harris v. United States, 536 U.S. 545, 122 S. Ct. 2406, 153 L. Ed. 2d 524, 2002 U.S. LEXIS 4652, 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)

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.

Black Letter Law: to view the black letter law, scroll down to the LexisNexis Headnotes of this case.   What’s a headnote?

Create New Group

Casebriefs is concerned with your security, please complete the following