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Tag Archives: Right to jury

10-1936 U.S. v. McIntosh

Criminal Procedure Right to jury; reimprisonment It does not violate the right to a jury trial to impose reimprisonment after revocation of supervised release, to a term that, combined with previous confinements, exceeds the maximum sentence. “McIntosh contends that our decision in Colt is no longer controlling because it was decided before Apprendi’s release. But the rule in Apprendi does ...

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09-1333 U.S. v. Krieger

Sentencing Right to jury A fact that triggers a mandatory minimum can be found by the judge by a preponderance of the evidence, rather than proven beyond a reasonable doubt. “Logically, there is no reason why this simple binary rule should not also apply to mandatory minimums. Whether labeled an element or a sentencing factor, if a fact triggers a ...

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