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Oral argument transcript finally available for in O'Brien/Burgess case

By Douglas A. Berman

I am pleased to finally be able to report that the Supreme Court now has posted here the transcript for Tuesday morning's oral argument in United States v. O'Brien and Burgess, the combined cases concerning the application of the machine-gun mandatory minimum sentencing enhancement of 18 U.S.C. § 924(c).  I have heard from multiple source that Blakely fans will want to give this a close read, and that's my plan as I jump on a plane this afternoon to head to Miami (more on that later).  I hope to have comments on the argument in a future post, but I hope readers do not wait for me to opine on this argument's merits (or demerits). Some recent related posts: Might the Harris limit on Apprendi be at risk with O'Brien cert grant? Might Apprendi be at risk with O'Brien cert grant? Might the Harris limit on Apprendi be questioned in O'Brien/Burgess argument? continue to full post

Full post as published by Sentencing Law and Policy on February 24, 2010 (boomark / email).