Case Status

2 results

HARRIS, WILLIAM J. v. UNITED STATES (26904)

    Order dated: 12/10/01
    Docket number: 00-10666
    Action:
        The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following question: Given that a finding of "brandishing", as used in 18 U.S.C. Sec. 924(c)(1)(A), results in an increased mandatory minimum sentence, must the fact of "brandishing" be alleged in the indictment and proved beyond a reasonable doubt?

HARRIS, WILLIAM J. v. UNITED STATES (26904)

    Order dated: 02/25/02
    Docket number: 00-10666
    Action:
        The motion for appointment of counsel is granted and it is ordered that William C. Ingram, Esquire, of Greensboro, North Carolina, is appointed to serve as counsel for the petitioner in this case.

A description of the questions presented by the case has been prepared:

Whether Brandished as used in 18 U.S.C. 924(C) (1) (A) is an element of the offense or a sentencing factor?

An opinion has been handed down: