2009 Supreme Court term

UNITED STATES v. MARTIN O'BRIEN AND ARTHUR BURGESS.

Dockets 08-1569Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Benjamin Horwich, the case concerns the interpretation of 18 U.S.C. § 924(c)(1), which defines a single crime of using or carrying a firearm during and in relation to a crime of violence or a drug‑trafficking crime.

Background and question before the Court

Source-limited The available primary sources do not support a complete explanation yet.

What each side argues

Government

According to Government, the government cannot point to a single defendant under § 924(c)(1) for the conduct at issue who has ever received more than ten years in prison absent the use of a machine gun.

Respondents

According to Respondents, respondents have offered nothing in the way of a justification for overruling Harris.

Benjamin Horwich

According to Benjamin Horwich, section 924(c)(1) starts by defining a single crime of using or carrying a firearm during and in relation to a crime of violence or a drug‑trafficking crime.

Mr. Fisher

According to Mr. Fisher, castillo gives the answer on tradition for purposes of construing the new amendments.

According to Mr. Fisher, the government must prove knowledge, which could serve as an alternative basis for deciding the case.

What happened at oral argument

The oral argument began at 11:14 a.m.

Justice Breyer asked whether the government believes it has sufficiently argued the issue or if it should be set for reargument.

Justice Sotomayor asked, “How do we find substantive unreasonableness?”

Justice Scalia asked whether the prior statute (18 U.S.C. § 924(c)(1)) said anything about brandishing or discharge.

Justice Kennedy asked whether the government must show that the machine gun is operable.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 67473281148504fb1bc9-r1-45234a80b97f2346.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.