United States Third Circuit

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Garrus v. Sec'y of the Pennsylvania Dep't of Corr., 09-3586

District court's denial of defendant's request for habeas relief, challenging the state court's imposition of a sentence beyond the statutory maximum based on a prior conviction for burglary, is reversed and remanded where the state court unreasonably applied Apprendi by allowing defendant to be sentenced beyond the statutory maximum based on a judicial finding that he burglarized an occupied building when he was actually convicted of burglarizing an unoccupied building.

Appellate Information

  • Decided 09/21/2012
  • Published 09/21/2012


  • Fisher


  • United States Third Circuit