| Court: | US Supreme Court |
| Facts: | None-- the case involves possession of a firearm for an unlawful purpose (sentence of 5-10) with a hate crime enhanced (10-20). |
| Posture: | Appeal by Apoprendi from the NJ Supreme Court |
| Issue: | Does Due Process (14A) require that a factual determination authorizing an increase in the maximum sentence be proved beyond a reasonable doubt? |
| Holding: | Yes. |
| Rule: | It is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the range of penalties to which a defendant is exposed. |
| Reasoning: | This is like Mullaney: you can't shift things around just by naming them differently. |
| Dicta: | |