Supreme Court of the United States June 24, 2002, 00-10666 (Harris v. United States)

Justice Thomas,

with whom Justice Stevens, Justice Souter, and Justice Ginsburg join, dissenting.

The range of punishment to which petitioner William J. Harris was exposed turned on the fact that he brandished a firearm, a fact that was neither charged in his indictment nor proved at trial beyond a reasonable doubt.