Does a prior conviction that increases the statutory penalty for sexual assault need to be proven before a jury?
MultiRegion, United States of America
The following excerpt is from USA. v. Summers, 268 F.3d 683 (9th Cir. 2001):
"Under the current state of the law, the Constitution does not require prior convictions that increase a statutory penalty to be charged in the indictment and proved before a jury beyond a reasonable doubt." United States v. Tighe, 266 F.3d 1187, 1190 (9th Cir.2001) (citing United States v. Pacheco-Zepeda, 234 F.3d 411, 414 (9th Cir.), cert. denied, ___U.S.___,
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