Alleyne v. United States, 570 U.S. 99 (2013), was a United States Supreme Court case that decided that, in line with Apprendi v. New Jersey (2000), all facts that increase a mandatory minimum sentence must be submitted to and found true by a jury (not merely determined to be true by a judge's discretion). The majority opinion was written by Justice Clarence Thomas, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.[1]
Because mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an "element" of the crime that must be submitted to the jury.
In the original trial, the defendant (Alleyne) was convicted of using or carrying a firearm in a violent crime, which carried a mandatory minimum penalty of five years' imprisonment. However, the mandatory minimum would rise to seven years if the accused were found to have "brandished" the firearm during the crime, and to ten years if he had fired it. In the original trial, the judge (not the jury) determined that Alleyne had probably brandished the firearm during the robbery, which caused the mandatory minimum sentence to rise to seven years (which was the sentence imposed).
The Supreme Court found that the question of whether or not the accused had brandished his weapon during the robbery was not merely a "sentencing factor," which the judge could unilaterally decide, but an "ingredient of the offense," which must be assessed and decided upon by the jury. The Court also expressly overruled Harris v. United States (2002), which had reached a contrary ruling.[2]
^"SUPREME COURT UPDATE: ALLEYNE V. UNITED STATES (11-9335) AND SALINAS V. TEXAS (12-246)". Appellate and Complex Legal Issues Practice Group, Wiggin and Dana LLP. June 19, 2013. Retrieved July 27, 2013.
Further readingedit
Applebaum, Brynn (2015). "Criminal Asset Forfeiture and the Sixth Amendment after Southern Union and Alleyne: State-Level Ramifications". Vand. L. Rev.68 (2): 549–574.
Bala, Nila (2015). "Judicial Fact-Finding in the Wake of Alleyne". New York University Review of Law & Social Change. 39 (1): 1–44.
External linksedit
Text of Alleyne v. United States, 570U.S. 99 (2013) is available from:Google ScholarJustiaLibrary of CongressOyez (oral argument audio)
alleyne, united, states, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, ju. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Alleyne v United States news newspapers books scholar JSTOR July 2013 Learn how and when to remove this template message Alleyne v United States 570 U S 99 2013 was a United States Supreme Court case that decided that in line with Apprendi v New Jersey 2000 all facts that increase a mandatory minimum sentence must be submitted to and found true by a jury not merely determined to be true by a judge s discretion The majority opinion was written by Justice Clarence Thomas joined by Justices Ginsburg Breyer Sotomayor and Kagan 1 Alleyne v United StatesSupreme Court of the United StatesArgued January 14 2013Decided June 17 2013Full case nameAllen Ryan Alleyne Petitioner v United StatesDocket no 11 9335Citations570 U S 99 more 133 S Ct 2151 186 L Ed 2d 314Opinion announcementOpinion announcementCase historyPriorUnited States v Alleyne 457 F App x 348 4th Cir 2011 HoldingBecause mandatory minimum sentences increase the penalty for a crime any fact that increases the mandatory minimum is an element of the crime that must be submitted to the jury Court membershipChief Justice John Roberts Associate Justices Antonin Scalia Anthony KennedyClarence Thomas Ruth Bader GinsburgStephen Breyer Samuel AlitoSonia Sotomayor Elena KaganCase opinionsMajorityThomas joined by Ginsburg Breyer Sotomayor Kagan Parts I III B III C and IV Ginsburg Sotomayor Kagan Parts II and III A ConcurrenceSotomayor joined by Ginsburg KaganConcurrenceBreyer in part DissentRoberts joined by Scalia KennedyDissentAlitoLaws appliedU S Const amend VIThis case overturned a previous ruling or rulingsHarris v United States 2002 Contents 1 Summary of findings 2 See also 3 References 4 Further reading 5 External linksSummary of findings editIn the original trial the defendant Alleyne was convicted of using or carrying a firearm in a violent crime which carried a mandatory minimum penalty of five years imprisonment However the mandatory minimum would rise to seven years if the accused were found to have brandished the firearm during the crime and to ten years if he had fired it In the original trial the judge not the jury determined that Alleyne had probably brandished the firearm during the robbery which caused the mandatory minimum sentence to rise to seven years which was the sentence imposed The Supreme Court found that the question of whether or not the accused had brandished his weapon during the robbery was not merely a sentencing factor which the judge could unilaterally decide but an ingredient of the offense which must be assessed and decided upon by the jury The Court also expressly overruled Harris v United States 2002 which had reached a contrary ruling 2 See also editList of United States Supreme Court cases volume 570 Southern Union Co v United States 2012 References edit Alleyne v United States 570 U S 99 2013 SUPREME COURT UPDATE ALLEYNE V UNITED STATES 11 9335 AND SALINAS V TEXAS 12 246 Appellate and Complex Legal Issues Practice Group Wiggin and Dana LLP June 19 2013 Retrieved July 27 2013 Further reading editApplebaum Brynn 2015 Criminal Asset Forfeiture and the Sixth Amendment after Southern Union and Alleyne State Level Ramifications Vand L Rev 68 2 549 574 Bala Nila 2015 Judicial Fact Finding in the Wake of Alleyne New York University Review of Law amp Social Change 39 1 1 44 External links editText of Alleyne v United States 570 U S 99 2013 is available from Google Scholar Justia Library of Congress Oyez oral argument audio nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Alleyne v United States amp oldid 1175138291, wikipedia, wiki, book, books, library,
