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SOUTHERN UNION COMPANY v. UNITED STATES

Docket No.: 11-94
Certiorari Granted: 11/28/11
Argued: March 19, 2012
Decided: 06/21/12

Topics:

Antitrust, Article I, Bill of Rights, Due Process, Eighth Amendment, Federal Sentencing Guidelines, Fifth Amendment, RICO, Sentencing Guidelines, Sixth Amendment, antitrust, criminal procedure, harmless error

PartyNames: Southern Union Company v. United States
Petitioner: Southern Union Company
Respondent: United States

Court Below: United States Court of Appeals for the First Circuit
Citation: 630 F.3d 17
Supreme Court Docket

Southern Union Company
v.
United States
Question Presented:

Whether the Fifth and Sixth Amendment principles that this Court established in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny, apply to the imposition of criminal fines.

Question:

In light of the rights to criminal due process under the Fifth Amendment and a trial by jury under the Sixth Amendment, must a fact that increases the penalty for a crime, beyond the prescribed statutory maximum, be submitted to a jury and proved beyond a reasonable doubt if the penalty is the imposition of criminal fines?

SOUTHERN UNION COMPANY v. UNITED STATES
ORAL ARGUMENT

03/19/12

Listen to Oral Argument in SOUTHERN UNION COMPANY v. UNITED STATES
Holding: REVERSED AND REMANDED
Vote: 6-3
Majority: Sotomayor, Chief Justice Roberts, Scalia, Thomas, Ginsburg, Kagan
Dissenting: Breyer, Kennedy, Alito
Opinion By:
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