Is a federal sentencing scheme that allows a federal judge to impose a sentence above the statutory maximum based on a fact other than a prior conviction?
California, United States of America
The following excerpt is from People v. Woodson, C053022 (Cal. App. 7/12/2007), C053022 (Cal. App. 2007):
Cunningham v. California, supra, 549 U.S. __ at page __ [166 L.Ed.2d 856 at page 864] holds that the federal Constitution's jury trial guarantee proscribes a sentencing scheme that allows a judge to impose a sentence above the statutory maximum based on a fact, other than a prior conviction, not found by a jury or admitted by the defendant.
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