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ALMENDAREZ-TORRES v. UNITED STATES

No. 96-6839.

523 U.S. 224 (1998)

ALMENDAREZ-TORRES v. UNITED STATES

United States Supreme Court.

Decided March 24, 1998.

Attorney(s) appearing for the Case

Peter Fleury argued the cause for petitioner. With him on the briefs was Timothy Crooks.

Beth S. Brinkmann argued the cause for the United States. With her on the brief were Acting Solicitor General Dellinger, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and William C. Brown.*

Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, p. 248.

Justice Breyer, delivered the opinion of the Court.

Subsection (a) of 8 U. S. C. § 1326 defines a crime. It forbids an alien who once was deported to return to the United States without special permission, and it authorizes a prison term of up to, but no more than, two years. Subsection (b)(2) of the same section authorizes a prison term of up to, but no more than, 20 years for "any alien described" in subsection (a), if the initial "deportation was subsequent...

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