part 2 (prelims or Grand Juries for upward departures?)

This wikilog article is a draft, it was not published yet.

by: Ryan • June 17, 2013 • no comments

The second quote from Alleyne I want to highlight is this discussion of historical practice:

From these widely recognized principles followed a well-established practice of including in the indictment, and submitting to the jury, every fact that was a basis for imposing or increasing punishment. [Emphasis added.]

Keep in mind that I have a motion and memo that argues that due process requires that an enhancement fact either be pleaded in the indictment or given a preliminary hearing. It is available upon request. I think that quotes strengthens the argument substantially.