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Name: Harris v. U.S.
Case #: 00-10666
Court: US Supreme Court
District USSup
Opinion Date: 06/24/2002
Subsequent History: Cross-cites: 153 L.Ed.2d 524; 122 S.Ct. 2406

18 U.S.C. section 924(c)(1)(A) increases the statutory minimum punishment for brandishing a firearm during a drug offense. The brandishing is a sentencing factor that does not have to be charged in the indictment, submitted to the jury, and proved beyond a reasonable doubt. Apprendi v. New Jersey (2000) 533 U.S. 466 does not require a different result, because there is a difference between a fact which extends the sentence beyond the statutory maximum, and one which increases the minimum term. McMillan v. Pennsylvania (1986) 477 U.S. 466, holding that brandishing is a sentencing factor, remains good law.