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In the Courts

By ALM Staff | Law Journal Newsletters |

Supreme Court Extends Apprendi Requirement

On June 21, 2012, the Supreme Court resolved a circuit split, holding that Apprendi v. New Jersey, 530 U.S. 466 (2000), applies to the imposition of criminal fines for non-petty offenses. Southern Union Co. v. United States, 567 U.S. ____, 132 S. Ct. 2344 (2012). Apprendi required juries to determine any fact, other than the fact of a prior conviction, which increases a criminal defendant's maximum potential sentence beyond that authorized for a particular crime, but there has been a circuit split as to whether that extended to facts that increase a potential criminal fine. The Southern Union decision, written by Justice Sotomayor, was joined by Chief Justice Roberts and Justices Scalia, Thomas, Ginsburg and Kagan. Justice Breyer wrote a dissenting opinion, joined by Justices Kennedy and Alito.

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