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U.S. v. SANDOVAL

No. 99-4223.

241 F.3d 549 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Marcelo Sandoval, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 2001.

Attorney(s) appearing for the Case

Stephen A. Kubiatowski (argued), Office of the U.S. Atty., Springfield, MO, Donald B. Allegro, Office of the U.S. Attorney, Rock Island, IL, for Plaintiff-Appellee.

Robert L. Rascia, Peter J. Faraci (argued), Serpico, Novelle & Navigato, Chicago, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

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)(1)(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.

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