United States Third Circuit

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

Judges

• Fisher

Court

• United States Third Circuit

Counsel