Brief filed: 06/17/2010
Phillips v. Artus
2nd Circuit Court of Appeals; Case No. 06-3350
Amici urge the en banc court to uphold the panel decision in Besser v. Walsh, 601 F.3d 163 (2d Cir. 2010), which held that New York's persistent felony offender sentencing scheme's provision that a court, not a jury, make the necessary fact findings to support enhanced sentences runs afoul of the Sixth Amendment right to trial by jury, as applied to the states by the Fourteenth Amendment.
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