Justice O’Connor, Concurring
| Topic: Criminal Procedure* | Court vote: 5–4 | |
| Note: No other Justices joined this opinion. | ||
| Citation: 536 U.S. 545 | Docket: 00–10666 | Audio: Listen to this case's oral arguments at Oyez |
* As categorized by the Washington University Law Supreme Court Database
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Opinion
JUSTICE O'CONNOR, concurring.
Petitioner bases his statutory argument that brandishing must be interpreted as an offense element on Jones v. United States, 526 U. S. 227 (1999). He bases his constitutional argument that regardless of how the statute is interpreted, brandishing must be charged in the indictment and found by the jury beyond a reasonable doubt on Apprendi v. New Jersey, 530 U. S. 466 (2000). As I dissented in Jones and Apprendi and still believe both were wrongly decided, I find it easy to reject petitioner's arguments. Even assuming the validity of Jones and Apprendi, however, I agree that petitioner's arguments that brandishing must be charged in the indictment and found by the jury beyond a reasonable doubt are unavailing. I therefore join JUSTICE KENNEDY'S opinion in its entirety.
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