18 U.S.C. 924(c)'s MACHINE GUN PROVISION MUST BE PROVEN TO THE JURY

18 U.S.C. 924(c) prohibits the carrying or use of a firearm during the commission of a crime. The statute requires harder sentencing when the firearm is a machine gun. In United States v. O'Brien, the Court held that whether the firearm is a machine gun is a fact that must be proven to the jury. The Government had contended that such was simply a sentencing factor and that whether the weapon was a machine gun was a fact that could be reached solely by the Judge after conviction.

This decision, which was reached without dissent, is based on the Supreme Court's decision in Apprendi v. N.J., which requires that, pursuant to the Sixth Amendment, any fact that exposes a Defendant to a greater range of possible maximum sentences must be determined by the jury.