Washington v. Recuenco

SCOTUSCase
Litigants = Washington v. Recuenco
ArgueDate = April 17
ArgueYear = 2006
DecideDate = June 26
DecideYear = 2006
FullName = Washington v. Recuenco
USVol=548
USPage=212
Prior=
Subsequent=
Holding = Reversed and remanded
SCOTUS= 2006
Majority=Thomas
JoinMajority= Roberts, Scalia, Kennedy, Souter, Breyer, and Alito
Concurrence= Kennedy
Dissent= Stevens
JoinDissent=
Dissent2= Ginsburg
JoinDissent2= Stevens
Dissent3=
LawsApplied=

"Washington v. Recuenco", 548 U.S. 212 (2006) is the United States Supreme Court case of Recuenco, a man who was convicted of second-degree assault after he threatened his wife with a handgun, and subsequently sentenced by the Washington Supreme Court based not only on the conviction, but based on Recuenco's use of a handgun, charged as assault with a deadly weapon. His sentencing included a three-year enhancement, a standard based on his being armed with a firearm, which is greater than the one-year enhancement he would have received for assault with a deadly weapon. As the jury in the case had not not found that Recuenco was armed with a firearm, he argued that the sentencing enhancement violated his Sixth Amendment right to a jury trial. The Court held that any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt, and it vacated Recuenco's sentence and remanded him for re-sentencing.

ee also

* List of United States Supreme Court cases, volume 548

References

External links

* [http://www.law.cornell.edu/supct/html/05-83.ZS.html Text of the opinion from LII, Cornell University]