Supreme Court of the United States · 2013-06-17
author: unavailable · not independently reviewed
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interpretation
Facts that increase the mandatory minimum sentence are therefore elements and must be submitted to the jury and found beyond a reasonable doubt.
Alleyne v. United States — 570 U.S. 99 · Supreme Court of the United States · 2013 (18usc924: author: unavailable · not independently reviewed)
Facts that increase the mandatory minimum sentence are therefore elements and must be submitted to the jury and found beyond a reasonable doubt.Source:
docroot/ir/caselaw/us_570.jsonl#/us/570/0099-01; Unicode character offsets [9453:9597] (end exclusive); SHA-256 e4c655cdc564dada5c6dcedacc06bbb39100d3feb467da2ac006bceb33d598ab.Facts increasing a mandatory minimum require the constitutionally prescribed element proof Alleyne, 570 U.S. 99, 103, 111-12 (2013), supplies a judicial constitutional rule, subject to a valid admission or jury waiver. These are elements of the aggravated offense, though not universal requirements of the five-year base offense. This constraint does not decide the distinct prior-conviction exception or every weapon-type mens rea issue.