34 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,625 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
  2. Dillon v. United States

    560 U.S. 817 (2010)   Cited 7,003 times   1 Legal Analyses
    Holding the Sentencing Commission's policy statements are binding on a court considering a motion for sentencing reduction under § 3582(c)
  3. Descamps v. United States

    570 U.S. 254 (2013)   Cited 4,954 times   23 Legal Analyses
    Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"
  4. In re Winship

    397 U.S. 358 (1970)   Cited 11,640 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt
  5. United States v. Gaudin

    515 U.S. 506 (1995)   Cited 1,657 times   15 Legal Analyses
    Holding that a jury must decide whether a false statement under § 1001 is "material"
  6. People v. Harvey

    25 Cal.3d 754 (Cal. 1979)   Cited 1,940 times
    Holding that a court may not consider facts underlying a dismissed count for purposes of aggravating or enhancing a defendant's sentence
  7. People v. Osuna

    225 Cal.App.4th 1020 (Cal. Ct. App. 2014)   Cited 439 times
    Holding the correct standard of proof for resentencing eligibility determinations is preponderance of the evidence
  8. People v. Johnson

    61 Cal.4th 674 (Cal. 2015)   Cited 380 times
    Explaining that we construe a provision's words in the context of the statutory scheme to determine meaning and also whether the language is ambiguous
  9. People v. Conley

    63 Cal.4th 646 (Cal. 2016)   Cited 366 times
    Holding that Proposition 36 relief was not available on direct appeal
  10. People v. McGee

    38 Cal.4th 682 (Cal. 2006)   Cited 487 times   1 Legal Analyses
    Holding that the trial court's inquiry into whether a prior conviction qualified as a “serious felony” for purposes of California's Three Strikes law does not violate the federal constitutional right to a jury determination for facts increasing sentence