WASHINGTON v. RECUENCO

No. 05-83.

548 U.S. 212 (2006)

WASHINGTON v. RECUENCO.

Supreme Court of United States.

Decided June 26, 2006.


Attorney(s) appearing for the Case

James M. Whisman argued the cause for petitioner. With him on the briefs were Norm Maleng and Brian M. McDonald.

Patricia A. Millett argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, and Kannon K. Shanmugam.

Gregory C. Link, by appointment of the Court, 546 U.S. 1087, argued the cause for respondent. With him on the brief were Thomas M. Kummerow and Jeffrey L. Fisher.*


Justice THOMAS delivered the opinion of the Court.

Respondent Arturo Recuenco was convicted of assault in the second degree based on the jury's finding that he assaulted his wife "with a deadly weapon." App. 13. The trial court applied a 3-year firearm enhancement to respondent's sentence based on its own factual findings, in violation of Blakely v. Washington, 542 U.S. 296 (2004...

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