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Washington v. Recuenco

From Wikipedia, the free encyclopedia

Washington v. Recuenco
Seal of the United States Supreme Court
Argued April 17, 2006
Decided June 26, 2006
Full case nameWashington v. Arturo R. Recuenco
Citations548 U.S. 212 (more)
126 S. Ct. 2546; 165 L. Ed. 2d 466; 2006 U.S. LEXIS 5164
Failure to submit a sentencing factor to the jury is not “structural” error, and therefore does not entitle to reversal of conviction if the error was harmless.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Case opinions
MajorityThomas, joined by Roberts, Scalia, Kennedy, Souter, Breyer, and Alito
DissentGinsburg, joined by Stevens

Washington v. Recuenco, 548 U.S. 212 (2006), is the United States Supreme Court case of Recuenco, a man who was convicted of second-degree assault after he threatened his wife with a handgun, and subsequently sentenced by the Washington Supreme Court based not only on the conviction, but based on Recuenco's use of a handgun, charged as assault with a deadly weapon. His sentencing included a three-year enhancement, a standard based on his being armed with a firearm, which is greater than the one-year enhancement he would have received for assault with a deadly weapon. As the jury in the case had not found that Recuenco was armed with a firearm, he argued that the sentencing enhancement violated his Sixth Amendment right to a jury trial.

At the Supreme Court, the State conceded that a Blakely error had occurred, but argued that the error was harmless beyond a reasonable doubt. The Court held in a 7-2 opinion that a Blakely error could be considered harmless.[1]


External links

This page was last edited on 7 May 2019, at 06:28
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