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CASTILLO v. UNITED STATES

No. 99-658.

530 U.S. 120 (2000)

CASTILLO et al. v. UNITED STATES

United States Supreme Court.

Decided June 5, 2000.

Attorney(s) appearing for the Case

Stephen P. Halbrook argued the cause for petitioners. With him on the briefs were John F. Carroll, Richard G. Ferguson, Stanley Rentz, and Steven R. Rosen.

Assistant Attorney General Robinson argued the cause for the United States. With him on the brief were Solicitor General Waxman, Deputy Solicitor General Dreeben, Edward C. DuMont, and Joseph C. Wyderko.*

Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined, and in which Scalia, J., joined except as to point Fourth of Part II.

Justice Breyer delivered the opinion of the Court.†

In this case we once again decide whether words in a federal criminal statute create offense elements (determined by a jury) or sentencing factors (determined by a judge). See Jones v. United States, 526 U.S. 227 (1999); AlmendarezTorres v. United States, 523 U.S. 224 (1998). The statute...

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