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UNITED STATES v. COTTON

No. 01-687.

535 U.S. 625 (2002)

UNITED STATES v. COTTON et al.

United States Supreme Court.

Decided May 20, 2002.

Attorney(s) appearing for the Case

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Solicitor General Olson, Assistant Attorney General Chertoff, Barbara McDowell, and Nina Goodman.

Timothy J. Sullivan argued the cause for respondents. With him on the brief were Arthur S. Cheslock, James E. McCollum, Jr., Carter G. Phillips, Jeffrey T. Green, Paul J. Zidlicky, and Stanley H. Needleman.*

Rehnquist, C. J., delivered the opinion for a unanimous Court.

Chief Justice Rehnquist delivered the opinion of the Court.

In Apprendi v. New Jersey, 530 U.S. 466 (2000), we held 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." Id., at 490. In federal prosecutions, such facts must also be charged in the indictment.

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