Saturday, April 16, 2005
More on the Fourth Circuit's decision in U.S. v. Washington
On reading this post from Professor Berman about U.S. v. Washington, it appears that the case presented a variation of the most interesting Apprendi issue there is, not that I exactly follow these matters, but that is the issue of when it is going to be declared unconstitutional for the judge to impose an enhanced sentence based on the prior criminal record of the defendant. The case deals with the sentencing enhancement for a "crime of violence." The majority held that the court's findings about the prior offense were not within the currently-recognized exception to Apprendi.