Legal Opinion
United States v. Marcelo Sandoval
Court of Appeals for the Seventh Circuit
Decided February 20, 2001No. 19-2967PublishedCited by 53 opinions
1Opinion of the Court
TERENCE T. EVANS, Circuit Judge.
A fresh question raised in this case is whether the classification of a firearm as a “semiautomatic assault weapon” under 18 U.S.C. § 924(c)(l)(B)(i), is a sentencing factor or an element of the offense (of using and carrying a firearm in connection with a crime of violence or drug trafficking). If it’s an element, it must be submitted to a jury and proven beyond a reasonable doubt. We hold that it is a sentencing factor.
Marcelo Sandoval, a Chicagoan alleged to be a drug supplier for an Iowa gang called the Quad Cities Bishops, was indicted and convicted after…
2Cases cited6 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Jones v. United StatesSupreme Court of the United States · 1999
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Castillo v. United StatesSupreme Court of the United States · 2000
- United States v. Anthony C. Zizzo, James J. Marcello, Richard Gervasio, Anthony N. Chiaramonti, Brett K. O'dell, and Samuel A. CarlisiCourt of Appeals for the Seventh Circuit · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- United States v. Michael Gerald GamboaCourt of Appeals for the Eighth Circuit · 2006
- United States v. AveryCourt of Appeals for the Tenth Circuit · 2002
- United States v. WarnerCourt of Appeals for the Seventh Circuit · 2007
- United States v. CiszkowskiCourt of Appeals for the Eleventh Circuit · 2007
- United States v. LucasCourt of Appeals for the Seventh Circuit · 2012
48 more not listed; retrieve them via the Exa API.