It was not improper for the district court to aggravate appellant’s sentence on the basis of prior convictions for aggravated felonies that were not charged in the indictment, submitted to a jury, and proved beyond a reasonable doubt. Apprendi v. New Jersey (2000) 530 U.S. [147 L.Ed.2d 435, 120 S.Ct. 2348], preserves Almendarez-Torres v. United States (1998) 523 U.S. 224 as a “narrow exception” to Apprendi’s general rule, which states that “other than the fact of a prior conviction, 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.”
Case Summaries