It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a preponderance of the evidence.

Question

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The U.S. Supreme Court ruled in cases like Apprendi v. New Jersey and Blakely v. Washington that any fact that increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proven beyond a reasonable doubt, not merely found by a judge by a preponderance of the evidence.

It Is Unconstitutional to Enhance a Sentence Based on Facts