In Harris v. United States (2002) 536 U.S. 545, the defendant was convicted of violating a federal drug law and sentenced under a statute providing for additional punishment in the event a firearm was used in furtherance of the crime. That statute provided for an additional term of not less than five years if the defendant carried a firearm, seven years if he brandished a firearm, and 10 years if he discharged a firearm. The sentencing judge found by a preponderance of the evidence that the defendant brandished a firearm in furtherance of the offense and imposed a seven year term. (Harris, supra, 536 U.S. at pp. 550-552.) The Supreme Court concluded this sentence did not violate Apprendi v. New Jersey (2000) 530 U.S. 466. (Id. at pp. 568-569.) In sum, the defendant pleaded guilty to distributing marijuana and, following a bench trial, he was convicted of carrying a firearm during the drug trafficking offense. At sentencing, the court determined that the defendant had "brandished" the gun, and the court sentenced him to a mandatory minimum sentence. (Id. at pp. 550-551.) Harris affirmed, holding that brandishing a firearm was a sentencing factor rather than an element of the crime and that the defendant's constitutional rights were not violated when the determination of that factor was made by the trial court rather than the jury. (Id. at pp. 552-569 at pp. 535-545.)