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S. Ct. Updates

This is going to be brief b/c it's been quite a week here, but interesting things have been brewing.

Supreme Court:

* 924(c)---United States v. O-Brien, No. 08--1569.
Question Presented:
Sec. 924(c)(1) provides for escalating mandatory minimum sentences depending on the manner in which the basic offense is carried out. Is the sentence enhancement (for a 30-year minimum), applicable when the firearm is a machine-gun, an element of the offense that must be charged and proved to a jury beyond a reasonable doubt, or is it a sentencing factor that may be found by a judge by the preponderance of the evidence?

* SORNA---Carr v. United States, No. 08--1301.
Questions Presented:
1) May a person be prosecuted under § 2250(a) for failure to register when the defendant's underlying offense and the travel in interstate commerce both predated SORNA's enactment?
2) Does the Ex Post Facto Clause preclude prosecution under § 2250(a) if a person's underlying offense and travel in interstate commerce both predated SORNA's enactment?

Lots to think about! Have a great weekend.

P.S. Preserve, preserve, preserve. If you've got mandatory minimums (and they don't have to be 924(c)s) or SORNA cases, think about preservation of these issues!

Full post as published by Sixth Circuit Blog on October 02, 2009 (boomark / email).