October Term 2001 · Docket 00-10666
Does brandishing a firearm require a jury verdict?
Harris argues the brandish clause is a criminal element. The government treats it as a sentencing factor.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Ingram argued the brandish clause is a criminal element.
Dreeben cited McMillan v. Pennsylvania as the backdrop.
Ingram stated a favorable ruling has no prospective impact.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 26, lines 27-37 — Transcript, file page 26, lines 27-37
- Official Supreme Court Transcript — file page 3, lines 17-3 — Transcript, file page 3, lines 17-3
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 48, lines 29-21 — Transcript, file page 48, lines 29-21
- Official Supreme Court Transcript — file page 50, lines 23-25 — Transcript, file page 50, lines 23-25
A citizen's guide to the whole case
What this case is about
The case tests whether a jury must find a defendant brandished a firearm. This finding affects the maximum prison sentence.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 27-37 — Transcript, file page 26, lines 27-37
- Official Supreme Court Transcript — file page 3, lines 17-3 — Transcript, file page 3, lines 17-3
- Official Supreme Court Transcript — file page 48, lines 29-21 — Transcript, file page 48, lines 29-21
How the case got here
The Supreme Court heard oral argument in this case on March 25, 2002.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 23-25 — Transcript, file page 50, lines 23-25
What each side wants
Harris wants a jury to find he brandished a firearm.
The government wants a judge to decide the brandish fact.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 27-37 — Transcript, file page 26, lines 27-37
- Official Supreme Court Transcript — file page 3, lines 17-3 — Transcript, file page 3, lines 17-3
- Official Supreme Court Transcript — file page 48, lines 29-21 — Transcript, file page 48, lines 29-21
What each side says
Harris argues the brandish clause is a criminal element.
The government argues the brandish clause is a sentencing factor.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 27-37 — Transcript, file page 26, lines 27-37
- Official Supreme Court Transcript — file page 3, lines 17-3 — Transcript, file page 3, lines 17-3
- Official Supreme Court Transcript — file page 48, lines 29-21 — Transcript, file page 48, lines 29-21
What the justices asked
Chief Justice Rehnquist asked if a favorable ruling impacts lower courts.
Official sources for this section
- Official Supreme Court Transcript — file page 50, lines 23-25 — Transcript, file page 50, lines 23-25
Why it matters
This dispute defines the role of juries in sentencing. It determines how courts apply firearm statutes. It affects the length of prison sentences.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 27-37 — Transcript, file page 26, lines 27-37
- Official Supreme Court Transcript — file page 3, lines 17-3 — Transcript, file page 3, lines 17-3
- Official Supreme Court Transcript — file page 48, lines 29-21 — Transcript, file page 48, lines 29-21
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 23-25 — Transcript, file page 50, lines 23-25
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 27-37 — Transcript, file page 26, lines 27-37
- Official Supreme Court Transcript — file page 3, lines 17-3 — Transcript, file page 3, lines 17-3
- Official Supreme Court Transcript — file page 48, lines 29-21 — Transcript, file page 48, lines 29-21
- Official Supreme Court Transcript — file page 26, lines 27-37 — Transcript, file page 26, lines 27-37
- Official Supreme Court Transcript — file page 3, lines 17-3 — Transcript, file page 3, lines 17-3
- Official Supreme Court Transcript — file page 48, lines 29-21 — Transcript, file page 48, lines 29-21
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.