05-3361 U.S. v. LaGrou Distribution Systems, Inc.

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A fine in excess of the statutory maximum violated the defendant’s right to a jury trial where there was no jury finding beyond a reasonable doubt to support the fine.

“As to Count Five, however, the default statutory maximum was $500,000 but the district court levied a fine for $1 million. The defendant argues that, absent a jury finding beyond a reasonable doubt, the district court had no authority to sentence LaGrou in excess of the default statutory maximum of $500,000. We agree.

“The Sixth Amendment requires that any fact (other than the fact of prior conviction) that increases the maximum ‘penalty’ for a crime beyond the prescribed statutory maximum must be proved to a jury beyond a reasonable doubt. Apprendi, 530 U.S. at 490. Here, the problem is that the district court did not give a special interrogatory with the jury instructions or verdict form asking the jury to find a loss amount. Thus, at sentencing, it was the district judge using a preponderance of the evidence standard to find the loss amount, not a jury finding loss amount beyond a reasonable doubt. This is error, and we remand to the district court for resentencing.”

Affirmed in part, and Vacated in part.

Appeal from the United States District Court for the Northern District of Illinois, Leinenweber, J., Bauer, J.