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U.S. v. O?Brien and Burgess, No. 08--1569 (May 24, 2010):


Unanimous decision (with concurrences). Opinion by Justice Kennedy. In a 924(c) prosecution, the issue of whether a firearm is a machine gun (so the defendant is subject to a 30-year mandatory minimum sentence) is an element of the offense that must be charged in the indictment and proved to a jury beyond a reasonable doubt.


Graham v. Florida, No. 08--7412 (May 17, 2010):


Life without parole for juvenile offense other than homicide is cruel and unusual punishment.

Full post as published by Sixth Circuit Blog on May 24, 2010 (boomark / email).

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