Almendarez-Torres v. United States, 523 U.S. 224 (1998), was a decision by the United States Supreme Court which confirmed that a sentencing enhancement based on a prior conviction was not subject to the Sixth Amendment requirement for a jury to determine the fact beyond a reasonable doubt.
Oct 14, 1997 ... Does subsection (b)(2) of 8 USC section 1326(a), which forbids an alien who once was deported to return to the United States without special permission, define a separate crime?
OCTOBER TERM, 1997. Syllabus. ALMENDAREZ-TORRES v. UNITED STATES. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 96-6839. Argued October 14, 1997-Decided March 24,1998. Title 8 U. S. C. § 1326(a) makes it a crime for a deported alien to return to the United ...
Almendarez-Torres v. United States. PETITIONER: Almendarez-Torres RESPONDENT: United States LOCATION: National Endowment for the Arts DOCKET NO.: 96-6839. DECIDED BY: Rehnquist Court (1986-2005) LOWER COURT: United States Court of Appeals for the Fifth Circuit CITATION: 523 US 224 (1998)
Almendarez-Torres pointed out that an indictment must set forth all the elements of a crime. See Hamling v. United States, 418 U.S. 87, 117 (1974). He added that his indictment had not mentioned his earlier aggravated felony convictions. And he argued that, consequently, the court could not sentence him to more than two ...
In Almendarez-Torres v. United States, 523 U.S. 224 (1998) the Supreme Court construed a federal criminal statute that provided a greater maximum penalty if the defendant had a prior felony conviction. Almendarez-Torres argued that, because his prior felony conviction triggered an enhanced maximum penalty, his felony ...
Case opinion for US 2nd Circuit UNITED STATES v. TORRES. Read the Court's full decision on FindLaw.
Holding: A state offense counts as an "aggravated felony" for purposes of Section 1101(a)(43) of the Immigration and Nationality Act, which contains a long list of offenses that can render a non-citizen deportable and further specifies that an offense listed in the statute is an aggravated felony whether it is in violation of ...
Jan 1, 2015 ... ... helped me navigate the intricacies of Almendarez-Torres, and even more importantly, the challenges of law school. ... See Apprendi v. New Jersey, 530 U.S. 466, 478 (2000) (noting that this distinction was “unknown to the practice of criminal indictment, trial by jury, and judgment by court as it existed ...