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Almendarez-Torres v. United States

Docket No.: 96-6839
Certiorari Granted: October 14, 1997
Argued: October 14, 1997
Decided: March 24, 1998


8 U.S.C. 1326, Criminal Procedure, Double Jeopardy, Armed Career Criminal Act, Death Penalty, Due Process, Federal Sentencing Guidelines, IIRIRA, Illegal Immigration Reform and Immigrant Responsibility Act, Immigration and Naturalization, Sentencing Guidelines, abuse of discretion, immigration, murder, sentencing guidelines

PartyNames: Hugo Roman Almendarez-Torres v. United States
Petitioner: Hugo Roman Almendarez-Torres
Respondent: United States

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 113 F.3d 515
Lower Court Decision
Supreme Court Docket

Hugo Roman Almendarez-Torres
United States
523 U.S. 224 (1998)

Does subsection (b)(2) of 8 USC section 1326(a), which forbids an alien who once was deported to return to the United States without special permission, define a separate crime?

Almendarez-Torres v. United States

October 14, 1997

Holding: affirmed
Decision: Decision: 5 votes for United States, 4 vote(s) against
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