http://abcnews.go.com/wire/Politics/reuters20000605_2318.html
WASHINGTON (Reuters) - The Supreme Court overturned Monday the
long prison sentences for five Branch
Davidians for using machine guns during
a shootout with federal agents in 1993 at
the cult's compound near Waco, Texas.
The unanimous high court, in an opinion
by Justice Stephen Breyer, said a federal judge had
been
wrong to use a federal firearm law to increase their
sentences. Breyer said the jury should have considered
the matter.
Under the law, Breyer said the type of weapon, such as
a
machine gun, used during a violent crime was an
element
of an offense to be decided by the jury and was not a
sentencing factor to be determined by the judge.
Four federal agents and three Branch Davidians were
killed during the Feb. 28, 1993, shootout that started
when federal agents tried to arrest cult leader David
Koresh. A standoff developed, and 51 days later Koresh
and about 80 followers died in a fire after agents
injected
tear gas into the building.
Nine Branch Davidians who escaped were arrested and
then put on trial.
Jaime Castillo, Brad Branch, Renos Avraam and Kevin
Whitecliff received consecutive terms of 10 years in
prison for manslaughter and 30 years for using machine
guns during a violent crime. Graeme Craddock received
10 years for using a grenade and a consecutive 10
years
for using a machine gun.
The firearm law imposes a five-year sentence but allows
a
10-year term if the weapon was a semiautomatic firearm
and a 30-year term for use of a machine gun or
grenade.
The ruling sends the case back to the judge for a new
sentencing.
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