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Almendarez-Torres v. United States
''Almendarez-Torres v. United States'', , was a decision by the United States Supreme Court which confirmed that a sentencing enhancement based on a prior conviction was not subject to the Sixth Amendment requirement for a jury to determine the fact beyond a reasonable doubt.
==Facts==
In September 1995, Hugo Almendarez-Torres was indicted for being an alien "found in" the United States without the "permission and consent of the Attorney General" after being deported, in violation of . He pleaded guilty and, at the plea hearing, admitted that he had been deported, that he had unlawfully returned to the United States, and that the earlier deportation had followed three convictions for aggravated felonies.
At the sentencing hearing, Almendarez-Torres pointed out that the Sixth Amendment required that all the elements of a crime be spelled out in the indictment. The indictment in this case did not mention the earlier convictions for aggravated felonies. As a result, the maximum sentence for which he was eligible was two years in prison. The district court rejected this argument and sentenced him to 85 months in prison. The Fifth Circuit affirmed the conviction and sentence.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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