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Washington v. Recuenco, No. 05-83 (U.S. Supreme Court) (548 U.S. 212; 126 S.Ct. 2546) (June 26, 2006) (Justice Thomas)

The Court held, by a vote of 7 to 2, held that the failure to submit to a jury a fact that serves as a basis for a sentencing enhancement does not constitute a "structural error" that requires automatic reversal of the sentence.

In Apprendi v. New Jersey, 530 U. ...

 

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