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 ...
Syllabus. NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v.
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 (1998) 523 U.S. 224, 226, 228 118 S. Ct. 1219, 1222, 1223, 140 L. Ed. 2d 350, a decision which preceded Apprendi, the United States Supreme Court examined the due process ramifications of a sentence enhanced in part by reason of a prior conviction. In Almendarez-Torres, the ...
Case opinion for US 7th Circuit UNITED STATES v. TORRES. Read the Court's full decision on FindLaw.
Jan 1, 2015 ... 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, .... party contested Almendarez-Torres, Alleyne is not the proper vehicle to address the validity of the prior convictions exception). 16. See Velasquez v. Faulk ...