October Term 2003 · Docket 02-1632
Can a judge increase a sentence beyond the statutory maximum based on facts found without a jury?
The dispute centers on whether a judge may impose a sentence above the statutory maximum based on facts found without a jury.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Fisher argued the system contains the same flaws as the system invalidated in Ring versus Arizona.
Mr. Dreeben argued sentencing guidelines regularize the process and differ from systems considered in Apprendi and Ring.
Mr. Fisher stated the Washington legislature did not allow judges to depart upward for any reason.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 23, lines 17-21 — Transcript, file page 23, lines 17-21
- Official Supreme Court Transcript — file page 3, lines 17-45 — Transcript, file page 3, lines 17-45
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 35, lines 9-27 — Transcript, file page 35, lines 9-27
- Official Supreme Court Transcript — file page 47, lines 44-41 — Transcript, file page 47, lines 44-41
- Official Supreme Court Transcript — file page 49, lines 43-45 — Transcript, file page 49, lines 43-45
A citizen's guide to the whole case
What this case is about
This case examines the constitutional limits on judicial sentencing authority. It tests whether a judge can increase a sentence beyond the statutory maximum based on facts found without a jury.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 17-21 — Transcript, file page 23, lines 17-21
- Official Supreme Court Transcript — file page 3, lines 17-45 — Transcript, file page 3, lines 17-45
- Official Supreme Court Transcript — file page 35, lines 9-27 — Transcript, file page 35, lines 9-27
- Official Supreme Court Transcript — file page 47, lines 44-41 — Transcript, file page 47, lines 44-41
How the case got here
The Supreme Court heard oral argument in this case on March 23, 2004.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 49, lines 43-45 — Transcript, file page 49, lines 43-45
What each side wants
the side that brought the case wants the sentence reduced to the statutory maximum.
the opposing side wants the higher sentence to remain in effect.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 17-21 — Transcript, file page 23, lines 17-21
- Official Supreme Court Transcript — file page 3, lines 17-45 — Transcript, file page 3, lines 17-45
- Official Supreme Court Transcript — file page 35, lines 9-27 — Transcript, file page 35, lines 9-27
- Official Supreme Court Transcript — file page 47, lines 44-41 — Transcript, file page 47, lines 44-41
What each side says
the side that brought the case argues the system violates the Sixth Amendment right to a jury trial.
the opposing side argues the sentencing system regularizes the process and differs from prior cases.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 17-21 — Transcript, file page 23, lines 17-21
- Official Supreme Court Transcript — file page 3, lines 17-45 — Transcript, file page 3, lines 17-45
- Official Supreme Court Transcript — file page 35, lines 9-27 — Transcript, file page 35, lines 9-27
- Official Supreme Court Transcript — file page 47, lines 44-41 — Transcript, file page 47, lines 44-41
What the justices asked
Chief Justice Rehnquist asked if the case was submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 49, lines 43-45 — Transcript, file page 49, lines 43-45
Why it matters
This case defines the boundary between judicial discretion and jury authority in criminal sentencing. It determines how courts must handle facts that increase punishment beyond statutory limits.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 17-21 — Transcript, file page 23, lines 17-21
- Official Supreme Court Transcript — file page 3, lines 17-45 — Transcript, file page 3, lines 17-45
- Official Supreme Court Transcript — file page 35, lines 9-27 — Transcript, file page 35, lines 9-27
- Official Supreme Court Transcript — file page 47, lines 44-41 — Transcript, file page 47, lines 44-41
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 49, lines 43-45 — Transcript, file page 49, lines 43-45
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 23, lines 17-21 — Transcript, file page 23, lines 17-21
- Official Supreme Court Transcript — file page 3, lines 17-45 — Transcript, file page 3, lines 17-45
- Official Supreme Court Transcript — file page 35, lines 9-27 — Transcript, file page 35, lines 9-27
- Official Supreme Court Transcript — file page 47, lines 44-41 — Transcript, file page 47, lines 44-41
- Official Supreme Court Transcript — file page 23, lines 17-21 — Transcript, file page 23, lines 17-21
- Official Supreme Court Transcript — file page 3, lines 17-45 — Transcript, file page 3, lines 17-45
- Official Supreme Court Transcript — file page 35, lines 9-27 — Transcript, file page 35, lines 9-27
- Official Supreme Court Transcript — file page 47, lines 44-41 — Transcript, file page 47, lines 44-41
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.