Harris v. United State

536 U.S. 545 (2002)

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Nature of the Case

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Facts

Harris (D) sold illegal narcotics out of his pawnshop with an unconcealed semiautomatic pistol at his side. He was arrested under a statute with enhanced sentencing for brandishing or discharging a firearm. The Government proceeded on the assumption that the statute, §924(c)(1)(A), defines a single crime and that brandishing is a sentencing factor to be considered by the judge after the trial. D's indictment said nothing of brandishing and made no reference to subsection (ii). D was convicted and given the 7-year minimum because he had brandished the gun. D argued that brandishing was an element of a separate offense, an offense for which he had not been indicted or tried. The District Court overruled the objection, finding by a preponderance of the evidence that petitioner had brandished the gun, and sentenced him to seven years in prison. In the Court of Appeals for the Fourth Circuit D argued that the statute is unconstitutional in light of Apprendi. The Court of Appeals affirmed. P contends that the statute in question defines a single crime, and the facts in subsections (ii) and (iii) are considerations for the sentencing judge. D contends that Congress meant the statute to define three different crimes.