Allen Ryan Alleyne, Petitioner v. United States (570 U.S. 99)
U.S. Supreme Court · decided June 17, 2013 · Supreme Court Database (Spaeth)
- Citation
- 570 U.S. 99 · 133 S. Ct. 2151
- Docket
- No. 11-9335
- Argued
- January 14, 2013
- Decided
- June 17, 2013
- Term
- October Term 2012
- Vote
- 5–4
- Majority author
- Justice Thomas
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
- Precedent
- This decision overruled or formally altered earlier precedent
How the Justices voted
- Majority
- Justice Thomas (wrote), Justice Ginsburg (joined a concurrence), Justice Sotomayor (wrote a concurrence), Justice Kagan (joined a concurrence)
- Concurring in the judgment
- Justice Breyer (wrote)
- Dissenting
- Chief Justice Roberts (wrote), Justice Scalia, Justice Kennedy, Justice Alito (wrote)
Oral argument transcript and advocates · Opinion on Justia
Opinion excerpt
I Petitioner Allen Ryan Alleyne and an accomplice devised a plan to rob a store manager as he drove the store's daily deposits to a local bank. By feigning car trouble, they tricked the manager to stop. Alleyne's accomplice approached the manager with a gun and demanded the store's deposits, which the manager surrendered. Alleyne was later charged with multiple federal offenses, including robbery affecting interstate commerce, 18 U.S.C. § 1951(a), and using or carrying a firearm in relation to a crime of violence, § 924(c)(1)(A). Section 924(c)(1)(A) provides, in relevant part, that anyone who "uses or carries a firearm" in relation to a "crime of violence" shall: "(i) be sentenced to a term of imprisonment of not less than 5 years; "(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and "(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years." The jury convicted Alleyne. The jury indicated on the verdict form that Alleyne had "[u]sed or carried a firearm during and in relation to a crime of violence," but did not indicate a finding that the firearm was "[b]randished." App. 40. The presentence report recommended a 7-year sentence on the § 924(c) count, which reflected the mandatory minimum sentence for cases in which a firearm has been "brandished," § 924(c)(1)(A)(ii). Alleyne…
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