United States Ninth Circuit

In a petition for habeas relief, denial by district court on the ground that there is no clearly established federal right to jury trial in determining the legal significance of a prior conviction is reversed, where imposition of sentence based on a prior, non-jury conviction, and despite factual findings, constituted Apprendi error.

Appellate Information

• Decided 04/01/2011
• Published 04/01/2011

Judges

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Balazs, Edmund G. Brown Jr.