Cite as: 530 U. S. 120 (2000)
Opinion of the Court
our decision in Bailey necessitated a remand of the case to determine whether, in Bailey's stronger sense of "use," petitioners had used "machineguns and other enhancing weapons." United States v. Branch, 91 F. 3d 699, 740-741 (CA5 1996). The court also concluded that statutory words such as "machinegun" create sentencing factors, i. e., factors that enhance a sentence, not elements of a separate crime. Id., at 738-740. Hence, it specified that the jury "was not required" to determine whether petitioners used or carried "machineguns" or other enhanced weapons. Id., at 740. Rather, it wrote that "[s]hould the district court find on remand that members of the conspiracy actively employed machineguns, it is free to reimpose the 30-year sentence." Id., at 740-741 (emphasis added). On remand, the District Court resentenced petitioners to 30-year terms of imprisonment based on its weapons-related findings. See App. to Pet. for Cert. 119a. The Court of Appeals affirmed. 179 F. 3d 321 (CA5 1999).
The Federal Courts of Appeals have different views as to whether the statutory word "machinegun" (and similar words appearing in the version of 18 U. S. C. § 924(c)(1) here at issue) refers to a sentencing factor to be assessed by the trial court or creates a new substantive crime to be determined by the jury. Compare, e. g., United States v. Alborola-Rodriguez, 153 F. 3d 1269, 1272 (CA11 1998) (sentencing factor), with United States v. Alerta, 96 F. 3d 1230, 1235 (CA9 1996) (element). We granted certiorari to resolve the conflict.
II
The question before us is whether Congress intended the statutory references to particular firearm types in § 924(c)(1) to define a separate crime or simply to authorize an enhanced penalty. If the former, the indictment must identify the firearm type and a jury must find that element proved beyond a reasonable doubt. If the latter, the matter need not be tried before a jury but may be left for the sentencing
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