The 2nd Circuit has expanded the application of the U.S. Supreme Court's holding in Apprendi v. New Jersey , ruling that drug quantities must be proved to a jury or admitted by a defendant for every aggravated drug offense, not only those that result in upward departures beyond the maximum prison sentence. The ruling is the latest in a line of cases interpreting Apprendi , which held that jurors, not judges, must determine facts used to increase criminal sentences beyond the statutory maximum.
August 26, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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