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Name: U.S. v. Pacheo-Zapeda
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/06/2000
Subsequent History: None
Summary

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.”