Is recidivism an "element" of a criminal conviction?
MultiRegion, United States of America
The following excerpt is from Blackwell v. Hickman, No. 2:06-cv-1876 RRB GGH P, No. 2:10-cv-2316 RRB GGH P (E.D. Cal. 2012):
recidivism be deemed an 'element' of petitioner's offense would mark an abrupt departure from a longstanding tradition of treating recidivism as 'go[ing] to punishment only.'"); Butler v. Curry, 528 F.3d 624, 641 (9th Cir. 2008).
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