harris argued march decided june petitioner sold illegal narcotics pawnshop unconcealed semiautomatic pistol side arrested violating inter alia provides relevant part person relation drug trafficking crime uses carries firearm shall addition punishment crime sentenced term imprisonment less years ii firearm brandished sentenced less years iii firearm discharged sentenced less years government proceeded assumption provision defines single crime brandishing sentencing factor found judge following trial indictment said nothing brandishing subsection ii simply alleging elements principal paragraph petitioner convicted presentence report recommended receive minimum sentence objected arguing brandishing element separate statutory offense indicted convicted sentencing hearing district overruled objection found brandished gun sentenced seven years prison affirming fourth circuit rejected petitioner statutory argument found mcmillan pennsylvania foreclosed argument brandishing sentencing factor statute unconstitutional apprendi new jersey apprendi held fact prior conviction fact increases penalty crime beyond prescribed statutory maximum effect element crime must submitted jury proved beyond reasonable doubt federal prosecutions alleged indictment handed grand jury years earlier mcmillan sustained statute increased minimum penalty crime though beyond statutory maximum judge found defendant possessed firearm held judgment affirmed affirmed justice kennedy delivered opinion respect parts ii iv concluding matter statutory interpretation defines single offense brandishing discharging sentencing factors found judge offense elements found jury pp prohibition structure suggests brandishing discharging sentencing factors federal laws usually list offense elements single sentence separate sentencing factors subsections castillo instant statute lengthy principal paragraph lists elements complete crime toward end paragraph word shall often divides provisions ones jones following shall separate subsections explain defendants sentenced thus presume principal paragraph defines single crime subsections identify sentencing factors pp jones illustrates statute text might provide evidence contrary critical textual clues reinforce interpretation brandishing singled paradigmatic sentencing factor castillo supra sentencing guidelines moreover brandishing discharging factors affect sentences numerous crimes incremental changes minimum penalty issue precisely one expect see provisions meant identify matters sentencing judge consideration pp canon constitutional avoidance provides statute susceptible two constructions must adopt one avoids grave doubtful constitutional questions plays role constitutional principle petitioner says interpretation statute violate fact increasing statutory minimum sentence must accorded safeguards assigned elements rejected mcmillan petitioner suggestion canon used avoid overruling one precedents novel given mcmillan place enacted unsound congress reason believe approaching constitutional line following instruction gave mcmillan pp reaffirming mcmillan employing approach outlined opinion concludes ii constitutional basing increase defendant minimum sentence judicial finding brandishing evade fifth sixth amendments requirements congress simply dictated precise weight given one traditional sentencing factor mcmillan supra pp justice kennedy joined chief justice justice justice scalia concluded part iii ii constitutional mcmillan remains sound authority apprendi overrule precedent absent special justification justification offered petitioner apprendi mcmillan reconciled decisions consistent however fundamental distinction factual findings issue two cases apprendi said fact extending defendant sentence beyond maximum authorized jury verdict considered element aggravated crime framers bill rights said fact increasing mandatory minimum extending sentence beyond statutory maximum jury verdict authorized judge impose minimum without finding sort fact like facts judges traditionally considered exercising discretion choose sentence within range authorized jury verdict facts constitution require alleged indictment submitted jury proved beyond reasonable doubt read together mcmillan apprendi mean facts setting outer limits sentence judicial power impose elements crime purposes constitutional analysis within range authorized jury verdict however political system may channel judicial discretion rely upon judicial expertise requiring defendants serve minimum terms judges make certain factual findings legislatures relied upon mcmillan holding reason overturn statutes cast uncertainty upon sentences imposed pp justice breyer concluded although apprendi new jersey easily distinguished case terms logic sixth amendment permits judges apply sentencing factors whether factors lead sentence beyond statutory maximum apprendi application mandatory minimum mean suggest approval mandatory minimum sentences matter policy mandatory minimum statutes fundamentally inconsistent congress simultaneous effort create fair honest rational sentencing system use sentencing guidelines transfer sentencing power prosecutors determine sentences charges decide bring thereby reintroduced much sentencing disparity congress created guidelines eliminate applying apprendi case however lead congress abolish modify statutes take judge power make factual determination giving power juries prosecutors legal consequences extending apprendi also seriously adverse diminish congress otherwise broad constitutional authority define crimes specification elements shape criminal sentences specification sentencing factors limit judicial discretion applying factors particular cases pp kennedy announced judgment delivered opinion respect parts ii iv rehnquist scalia breyer joined opinion respect part iii rehnquist scalia joined filed concurring opinion breyer filed opinion concurring part concurring judgment thomas filed dissenting opinion stevens souter ginsburg joined william joseph harris petitioner writ certiorari appeals fourth circuit june justice kennedy announced judgment delivered opinion respect parts ii iv opinion respect part iii chief justice justice justice scalia join consider distinction law drawn elements crime factors influence criminal sentence legislatures define crimes terms facts essential elements constitutional guarantees attach facts federal prosecutions person shall held answer capital otherwise infamous crime unless presentment indictment grand jury alleging elements crime amdt see hamling criminal prosecutions state federal accused shall enjoy right trial impartial jury amdt see duncan louisiana government must prove element beyond reasonable doubt see winship yet facts affecting defendant punishment elements accused convicted judge may impose sentence within range provided statute basing various facts relating defendant manner offense committed though facts may substantial impact sentence elements thus subject constitution indictment jury proof requirements statutes also direct judges give specific weight certain facts choosing sentence statutes require facts sometimes referred sentencing factors alleged indictment submitted jury established beyond reasonable doubt constitution permits legislatures make distinction elements sentencing factors imposes limitations well legislatures evade indictment jury proof requirements labeling almost every relevant fact sentencing factor described one limitation respect two terms ago apprendi new jersey fact prior conviction fact increases penalty crime beyond prescribed statutory maximum whether statute calls element sentencing factor must submitted jury proved beyond reasonable doubt fourteen years mcmillan pennsylvania declined adopt restrictive constitutional rule mcmillan sustained statute increased minimum penalty crime though beyond statutory maximum sentencing judge found preponderance evidence defendant possessed firearm principal question us whether mcmillan stands apprendi petitioner william joseph harris sold illegal narcotics pawnshop unconcealed semiautomatic pistol side later arrested violating federal drug firearms laws including statute provides relevant part ny person relation crime violence drug trafficking crime uses carries firearm furtherance crime possesses firearm shall addition punishment provided crime violence drug trafficking crime sentenced term imprisonment less years ii firearm brandished sentenced term imprisonment less years iii firearm discharged sentenced term imprisonment less years government proceeded assumption defines single crime brandishing sentencing factor considered judge trial reason indictment said nothing brandishing made reference subsection ii instead simply alleged elements statute principal paragraph relation drug trafficking crime petitioner knowingly carr ied firearm bench trial district middle district north carolina found petitioner guilty charged following conviction presentence report recommended petitioner given minimum brandished gun petitioner objected citing decision jones arguing matter statutory interpretation brandishing element separate offense offense indicted tried sentencing hearing district overruled objection found preponderance evidence petitioner brandished gun sentenced seven years prison appeals fourth circuit petitioner pressed statutory argument added brandishing sentencing factor statutory matter statute unconstitutional light apprendi even though petitioner acknowledged judge finding alter maximum penalty exposed rejecting arguments appeals affirmed like every appeals addressed question held statute makes brandishing sentencing factor accord barton carlson pounds also held constitutional argument foreclosed mcmillan granted certiorari affirm ii must first answer threshold question statutory construction congress make brandishing element sentencing factor government view text question defines single crime facts subsections ii iii considerations sentencing judge petitioner hand contends congress meant statute define three different crimes subsection ii says creates separate offense brandishing element petitioner correct neither indicted tried offense minimum apply begin analysis asking means statute say many words whether brandishing element sentencing factor structure prohibition suggests latter federal laws usually list offense elements single sentence separate sentencing factors subsections castillo begins lengthy principal paragraph listing elements complete crime basic federal offense using carrying gun relation violent crime drug offense toward end paragraph word shall often divides provisions specify sentences jones following shall separate subsections explain defendants sentenced subsection sets catchall minimum certainly adds element ibid subsections ii iii turn increase minimum penalty certain facts present subsections repeat elements principal paragraph statute sort structure presume principal paragraph defines single crime subsections identify sentencing factors even statute look suggesting numbered subsections sentencing provisions text might provide compelling evidence contrary illustrated decision jones federal carjacking statute similar structure interpreted setting elements multiple offenses critical textual clues case however reinforce interpretation implied statute structure tradition past congressional practice example perhaps important guideposts jones fact issue serious bodily injury element numerous federal statutes including two carjacking statute modeled jones doubted congress made fact sentencing factor one isolated instance see also castillo supra contrast similar federal tradition treating brandishing discharging offense elements castillo supra singled brandishing paradigmatic sentencing factor traditional sentencing factors often involve special features manner basic crime carried defendant brandished gun sentencing guidelines moreover brandishing discharging affect sentences numerous federal crimes see sentencing commission guidelines manual indeed guidelines appear antecedents statute brandishing provision term brandished appear federal provision save appear statute amended take current form numbered subsections added describing sentencing factors often special features manner statute basic crime carried castillo supra thus seems likely brandishing discharging meant serve function statute guidelines might reason question inference brandishing discharging altered defendant punishment manner usually associated sentencing factors jones instructive accorded great significance steeply higher penalties authorized carjacking statute three subsections enhanced defendant maximum sentence years years life enhancements doubted congress made contingent upon judicial factfinding see also castillo supra supra provisions us however effect defendant sentence consistent traditional understandings sentencing factors operate required findings constrain rather extend sentencing judge discretion section authorize judge impose steeply higher penalties higher penalties facts question found since subsections alter minimum judge may impose sentence well excess seven years whether defendant brandished firearm incremental changes minimum years precisely one expect see provisions meant identify matters sentencing judge consideration nothing text history statute rebuts presumption drawn structure interpretation considerations point however petitioner invokes canon constitutional avoidance doctrine statute susceptible two constructions one grave doubtful constitutional questions arise questions avoided duty adopt latter ex rel attorney general delaware hudson least open question petitioner contends whether fifth sixth amendments require every fact increasing federal defendant minimum sentence alleged indictment submitted jury proved beyond reasonable doubt avoid resolving question possibly invalidating statute petitioner urges read making brandishing element aggravated federal crime avoidance canon played role jones subsections carjacking statute enhanced maximum sentence interpretation implicated constitutional questions later addressed resolved defendant favor apprendi see jones petitioner proposed rule constitution requires fact increasing statutory minimum sentence accorded safeguards assigned elements rejected years ago mcmillan petitioner acknowledges much argues recent developments cast doubt mcmillan viability avoid deciding whether mcmillan must overruled says construe problem statute petitioner suggestion use canon avoid overruling one precedents novel given mcmillan place enacted unsound avoidance canon rests upon respect congress assume legislates light constitutional limitations rust sullivan statute issue case passed mcmillan provided controlling instruction congress reason believe approaching constitutional line following instruction canon goal eliminating friction coordinate branch moreover alleviated doubt constitutional premise supplied adopting strained reading statute congress enacted reliance premise stretched text avoid question mcmillan continuing vitality canon embrace dynamic view statutory interpretation text might mean one thing enacted yet another prevailing view constitution later changed decline adopt approach avoidance canon poses obstacle interpretive circumstances point common direction conclude matter statutory interpretation defines single offense statute regards brandishing discharging sentencing factors found judge offense elements found jury iii confident statute mcmillan said consider petitioner argument ii unconstitutional mcmillan longer sound authority stare decisis inexorable command burnet coronado oil gas brandeis dissenting doctrine fundamental importance rule law welch texas dept highways public even constitutional cases stare decisis concerns less pronounced overrule precedent absent special justification arizona rumsey special justification petitioner offers decision apprendi says reconciled mcmillan cf ring arizona post overruling walton arizona walton apprendi irreconcilable find argument convincing shall explain mcmillan apprendi consistent fundamental distinction factual findings issue two cases apprendi said fact extending defendant sentence beyond maximum authorized jury verdict considered element aggravated crime thus domain jury framed bill rights said fact increasing mandatory minimum extending sentence beyond statutory maximum jury verdict authorized judge impose minimum without finding mcmillan recognized statute may reserve type factual finding judge without violating constitution though defining criminal conduct task generally left legislative branch patterson new york congress may manipulate definition crime way relieves government constitutional obligations charge element indictment submit element jury prove element beyond reasonable doubt jones supra mullaney wilbur mcmillan apprendi asked whether certain types facts though labeled sentencing factors legislature nevertheless traditional elements constitutional safeguards intended apply patterson new york supra mcmillan answer stemmed certain historical doctrinal understandings role judge sentencing century produced general shift country criminal statutes providing sentences providing judges discretion within permissible range apprendi recognized process constitutional facts taken consideration need alleged indictment submitted jury proved beyond reasonable doubt see watts per curiam nichols williams new york reiterated jones course anyone today claim every fact bearing sentencing must found jury resolved general issue intention questioning resolution judicial factfinding course selecting sentence within authorized range implicate indictment components fifth sixth amendments proposition coupled another shift prevailing sentencing practices explains mcmillan latter part century many legislatures dissatisfied sentencing disparities among like offenders implemented measures regulating judicial discretion systems maintained statutory ranges judge factfinding role assigned uniform weight factors judges often relied upon choosing sentence see payne tennessee one example reform kind addressed mcmillan mandatory minimum sentencing pennsylvania mandatory minimum sentencing act cons stat imposed minimum prison term five years sentencing judge found preponderance evidence defendant possessed firearm committing crime conviction sustaining statute mcmillan placed considerable reliance similarity sentencing factor issue facts judges contemplate exercising discretion within statutory range given latter elements crime explained neither former section neither alters maximum penalty crime committed creates separate offense calling separate penalty operates solely limit sentencing discretion selecting penalty within range already available without special finding visible possession firearm section ups ante defendant raising five years minimum sentence may imposed within statutory plan petitioners claim visible possession pennsylvania statute really element offenses punished least superficial appeal finding visible possession exposed greater additional punishment omitted response argument act evaded constitution procedural guarantees noted statute simply took one factor always considered sentencing courts bear punishment dictated precise weight given factor reasoning still controls facts judges consider exercising discretion within statutory range elements become much merely legislatures require judge impose minimum sentence facts found sentence judge imposed absent finding matter purposes constitutional analysis statutes like pennsylvania act state provides fact shall give rise special stigma special punishment stevens dissenting judges choosing sentence within range udges sometimes necessary remind part state apprendi supra scalia concurring facts though stigmatizing punitive traditional domain judges alleged indictment proved beyond reasonable doubt reason believe framed fifth sixth amendments thought elements crime conclusion might questioned extensive historical evidence showing facts increasing defendant minimum sentence affecting maximum matter course treated elements evidence score however lacking statutes like pennsylvania act alter minimum sentence without changing maximum part product century legislatures first asserted control sentencing judge discretion courts founding whose views might relevant given contemporaneous adoption bill rights see apprendi clifford dissenting citing bishop law criminal procedure ed formulation includes facts mcmillan put alte maximum penalty include facts triggering mandatory minimum minimum may imposed without factual finding finding definition essential defendant punishment mcmillan firm historical ground held legislature may specify condition mandatory minimum without making condition element crime fact visible firearm possession like facts considered judges selecting sentence within statutory range facts authorities century confirm never charged indictment submitted jury proved beyond reasonable doubt ithin limits discretion punishment law may allowed judge pronounces sentence may suffer discretion influenced matter shown aggravation mitigation covered allegations indictment law permits heaviest punishment scale laid inflicted merely committed judge authority interpose mercy inflict punishment lighter grade rights accused violated though indictment mention mitigating circumstances aggravating circumstances spoken swell penalty law provided acts charged prisoner interposed merely check judicial discretion exercise permitted mercy entirely different thing punishing one alleged bishop criminal procedure since sentencing ranges came use defendants able predict face indictment precisely sentence charged facts simply made aware heaviest punishment face convicted ibid judges turn always considered uncharged aggravating circumstances increasing defendant punishment swell ed penalty law provided acts charged ibid facts supporting mandatory minimum fit squarely within description legislature choice entrust judge implicate competition judge jury respective roles jones central concern fifth sixth amendments issue apprendi contrast sentencing factor swell penalty law provided bishop supra thus functioned like traditional elemen patterson new york defendant convicted illegal possession firearm offense new jersey law prescribed maximum years prison see stat ann sentenced years however separate statute permitted enhancement judge found preponderance evidence defendant acted purpose intimidate individual group individuals race supp held enhancement unconstitutional ur cases area history upon rely observed confirmed constitutional principle first identified jones fact prior conviction fact increases penalty crime beyond prescribed statutory maximum must submitted jury proved beyond reasonable doubt facts apprendi held framers mind spoke crimes criminal prosecutions fifth sixth amendments crime alleged criminal prosecution complete unless indictment jury verdict included facts legislature attached maximum punishment fact exposes criminal defendant penalty exceeding maximum receive punished according facts reflected jury verdict alone concluded prevailing historical practice element aggravated offense see see also thomas concurring apprendi conclusions undermine mcmillan comparable historical practice submitting facts increasing mandatory minimum jury apprendi rule extend facts indeed made clear holding affect mcmillan overrule mcmillan limit holding cases involve imposition sentence severe statutory maximum offense established jury verdict limitation identified mcmillan opinion sentencing factor mcmillan increase penalty crime beyond prescribed statutory maximum concurring opinions jones put alter congressionally prescribed range penalties criminal defendant exposed scalia concurring apprendi observed mcmillan finding merely required judge impose specific sentence within range authorized jury finding defendant guilty see also jones supra winship issue mcmillan rose provision judge finding preponderance visible possession firearm require mandatory minimum sentence certain felonies minimum fell within sentencing ranges otherwise prescribed holding history based suggest apprendi understanding constitution consistent holding mcmillan facts extending sentence beyond statutory maximum traditionally charged indictment submitted jury apprendi said function indictment jury authorize state impose punishment evidence punishment law tied offense evidence american judges exercised sentencing discretion within legally prescribed range point single consistent conclusion judge role sentencing constrained outer limits facts alleged indictment found jury put simply facts expose defendant punishment greater otherwise legally prescribed definition elements separate legal offense grand petit juries thus form strong barrier liberties people prerogative government duncan louisiana quoting blackstone commentaries laws england cooley ed absent authorization trial jury form finding proof beyond reasonable doubt facts warranting extended sentence new jersey statute state power sentence defendant years maximum authorized jury guilty verdict apprendi hose facts determine maximum sentence law allows necessarily elements crime scalia concurring yet jury finds facts apprendi says defendant convicted crime fifth sixth amendments observed government authorized impose sentence maximum apprendi noted nothing history suggests impermissible judges exercise discretion taking consideration various factors relating offense offender imposing judgment within range also mcmillan noted nothing history suggests impermissible judges find facts give rise mandatory minimum sentence maximum penalty crime committed instances judicial factfinding expose defendant punishment greater otherwise legally prescribed apprendi supra whether chosen judge legislature facts guiding judicial discretion statutory maximum need alleged indictment submitted jury proved beyond reasonable doubt judge sentences defendant mandatory minimum less judge chooses sentence within range grand petit juries already found facts necessary authorize government impose sentence judge may impose minimum maximum sentence within range without seeking authorization juries without contradicting apprendi petitioner argues however concerns underlying apprendi apply equal force facts increasing defendant minimum sentence factual findings contends often greater impact defendant findings issue apprendi fact increasing statutory maximum found judge may still impose sentence far maximum fact increasing minimum found judge choice impose minimum even otherwise chosen lower sentence cf petitioner asks fairness also require latter sort fact alleged indictment found jury standard answer beyond dispute judge choice sentences within authorized range may influenced facts considered jury factual finding practical effect control constitutional analysis fifth sixth amendments ensure defendant never get punishment bargained crime promise receive anything less apprendi supra scalia concurring grand jury alleged trial jury found facts necessary impose maximum barriers government defendant fall judge may select sentence within range based facts alleged indictment proved jury even facts specified legislature even persuade judge choose much higher sentence otherwise imposed fact affects defendant sentence even dramatically make element light foregoing surprising decisions apprendi jones insisted consistent mcmillan distinction drawn facts increasing defendant minimum sentence facts extending sentence beyond statutory maximum see apprendi supra term sentencing factor appropriately describes circumstance may either aggravating mitigating character supports specific sentence within range authorized jury finding defendant guilty particular offense jones mcmillan recognizes question due process clause fourteenth amendment jury guarantee sixth ay judicial factfinding preponderance support application provision increases potential severity penalty variant given crime see also supra scalia dissenting one read mcmillan without perceiving determinative element validation pennsylvania statute fact merely limited sentencing judge discretion within range penalty already available rather substantially increasing available sentence distinction may continue stand factual finding apprendi extended power judge allowing impose punishment exceeding authorized jury finding mcmillan restrained judge power limiting choices within authorized range quite consistent maintain former type fact must submitted jury latter need read together mcmillan apprendi mean facts setting outer limits sentence judicial power impose elements crime purposes constitutional analysis within range authorized jury verdict however political system may channel judicial discretion rely upon judicial expertise requiring defendants serve minimum terms judges make certain factual findings critical abandon understanding late date legislatures constituents relied upon mcmillan exercise control sentencing dozens statutes like one approved case congress conditioned mandatory minimum sentences upon judicial findings firearm possessed brandished discharged code stat ann stat ann supp stat ann among examples victim years age cons stat defendant possessed certain quantity drugs comp ch victim related defendant alaska stat defendant repeat offender md ann code art supp see reason overturn statutes cast uncertainty upon sentences imposed iv reaffirming mcmillan employing approach outlined case conclude federal provision issue ii constitutional basing increase defendant minimum sentence judicial finding brandishing evade requirements fifth sixth amendments congress simply took one factor always considered sentencing courts bear punishment dictated precise weight given factor mcmillan factor need alleged indictment submitted jury proved beyond reasonable doubt well aware many question wisdom mandatory minimum sentencing mandatory minimums often said fail account unique circumstances offenders warrant lesser penalty see brief families mandatory minimums foundation amicus curiae cf supra citing sentencing commission mandatory minimum penalties federal criminal justice system criticisms may sound persist whether judge jury found facts giving rise minimum hold constitution permits judge leave questions congress democratic processes judgment appeals affirmed ordered william joseph harris petitioner writ certiorari appeals fourth circuit june justice concurring petitioner bases statutory argument brandishing must interpreted offense element jones bases constitutional argument regardless statute interpreted brandishing must charged indictment found jury beyond reasonable doubt apprendi new jersey dissented jones apprendi still believe wrongly decided find easy reject petitioner arguments even assuming validity jones apprendi however agree petitioner arguments brandishing must charged indictment found jury beyond reasonable doubt unavailing therefore join justice kennedy opinion entirety william joseph harris petitioner writ certiorari appeals fourth circuit june justice breyer concurring part concurring judgment easily distinguish apprendi new jersey case terms logic reason agree plurality opinion insofar finds distinction time continue believe sixth amendment permits judges apply sentencing factors whether factors lead sentence beyond statutory maximum apprendi application mandatory minimum believe extending apprendi mandatory minimums adverse practical well legal consequences yet accept rule therefore join judgment join opinion extent holds apprendi apply mandatory minimums saying mean suggest approval mandatory minimum sentences matter policy past two decades mandatory minimum sentencing statutes proliferated number importance judges legislators lawyers commentators criticized statutes arguing negatively affect fair administration criminal law matter concern judges legislators alike see remarks chief justice william rehnquist nat symposium drugs violence america june kennedy hearings subcommittee house committee appropriations mar mandatory minimums imprudent unwise often unjust mechanism sentencing breyer federal sentencing guidelines revisited crim justice spring hatch role congress sentencing sentencing commission mandatory minimum sentences search certain effective sentencing system wake forest rev schulhofer rethinking mandatory minimums wake forest rev raeder rethinking sentencing correctional policy nonviolent drug offenders crim justice summer noting american bar association opposed mandatory minimum sentences since mandatory minimum statutes fundamentally inconsistent congress simultaneous effort create fair honest rational sentencing system use sentencing guidelines unlike guideline sentences statutory mandatory minimums generally deny judge legal power depart downward matter unusual special circumstances call leniency see melendez breyer concurring part dissenting part cf koon rarely reflect effort achieve sentencing proportionality key element sentencing fairness demands law punish drug kingpin mule differently transfer sentencing power prosecutors determine sentences charges decide bring thereby reintroduced much sentencing disparity congress created guidelines eliminate sentencing special report congress mandatory minimum penalties federal criminal justice system sentencing report see also schulhofer supra rarely based upon empirical study see rehnquist supra hatch supra evidence encourage subterfuge leading frequent downward departures random basis thereby making comparatively ineffective means guaranteeing tough sentences see sentencing report applying apprendi case however lead congress abolish modify mandatory minimum sentencing statutes rather simply require prosecutor charge jury find beyond reasonable doubt existence factor say amount unlawful drugs triggers mandatory minimum many cases defendant claiming innocence arguing say mistaken identity find impossible simultaneously argue jury prosecutor overstated drug amount jury might ask innocent defendant know anything matter upshot many cases defendant prosecutor enter stipulation trial drug amounts used sentencing jury finds defendant guilty extent application apprendi take judge power make factual determination giving power juries prosecutors consequences viewed prism open fair sentencing system seriously adverse legal consequences extending apprendi mandatory minimum sentencing context also seriously adverse diminish congress otherwise broad constitutional authority define crimes specification elements shape criminal sentences specification sentencing factors limit judicial discretion applying factors particular cases discussed matters fully apprendi dissent see kennedy dissenting apply apprendi case consequently join parts ii iv opinion concur judgment william joseph harris petitioner writ certiorari appeals fourth circuit june justice thomas justice stevens justice souter justice ginsburg join dissenting range punishment petitioner william harris exposed turned fact brandished firearm fact neither charged indictment proved trial beyond reasonable doubt appeals fourth circuit nonetheless held reliance mcmillan pennsylvania fact harris brandished firearm mere sentencing factor constitutional protections attach mcmillan however conflicts later decision apprendi new jersey dissenting opinion apprendi recognized see dissenting holding today therefore rests either misunderstanding rejection principles animated apprendi two years ago given considerations stare decisis nadir cases involving procedural rules implicating fundamental constitutional protections afforded criminal defendants reaffirm apprendi overrule mcmillan reverse appeals harris indicted distributing marijuana violation carrying firearm relation drug trafficking crime violation harris pleaded guilty distributing marijuana disputed carried firearm relation drug trafficking crime district convicted judge waived right trial jury although mandatory minimum prison sentence five years prison presentence report relied ii increases mandatory minimum prison sentence seven years firearm sentencing district acknowledged close question whether harris brandished firearm noted thing happened gun drug transaction app district nonetheless found preponderance evidence harris brandished firearm result sentenced minimum mandatory sentence seven years imprisonment violation relying mcmillan appeals affirmed sentence held matter statutory interpretation brandishing sentencing factor element offense accordingly appeals concluded allegation brandishing firearm need charged indictment proved beyond reasonable doubt order mandatory minimum triggered ii construes defin single offense ante rather multiple offenses found similarly structured statute jones reliance mcmillan discounts increasing mandatory minimum sentences set forth statutory provision constitutionally irrelevant plurality view punishment less statutory maximum life imprisonment violation avoids single principle gleans apprendi fact prior conviction fact increases penalty crime beyond prescribed statutory maximum whether statute calls element sentencing factor must submitted jury proved beyond reasonable doubt ante quoting apprendi supra according plurality historical practices underlying decision apprendi respect penalties exceed statutory maximum support extension apprendi rule facts increase defendant mandatory minimum sentence fine distinctions regard vital constitutional liberties withstand close scrutiny federal constitution provides accused federal courts specific rights right informed nature cause accusation right held answer capital otherwise infamous crime indictment presentment grand jury right tried impartial jury state district wherein crime shall committed amdts also member disputes due process requires every fact necessary constitute crime must found beyond reasonable doubt jury right waived see winship apprendi case thus turns seemingly simple question constitutes crime question answered reference statutory construction alone solely sentence exceed statutory maximum discussed great length apprendi original understanding facts elements crime expansive legislature defines core crime provides increasing punishment crime upon finding aggravating fact whatever sort including fact prior conviction core crime aggravating fact together constitute aggravated crime much grand larceny aggravated form petit larceny aggravating fact element aggravated crime similarly legislature rather creating grades crimes provided setting punishment crime based fact fact also element multifactor parsing statutes sort attempted since mcmillan necessary one need look kind degree range punishment prosecution law entitled given set facts fact entitlement element concurring opinion fact defendant brandished firearm indisputably alters prescribed range penalties exposed without finding defendant brandished discharged firearm penalty range conviction five years life prison finding defendant brandished firearm penalty range becomes harsher seven years life imprisonment ii finds defendant discharged firearm range becomes even severe years life iii thus ultimately beside point whether matter statutory interpretation brandishing sentencing factor constitutional matter brandishing must deemed element aggravated offense see apprendi supra acts expose defendant punishment greater otherwise legally prescribed definition elements separate legal offense agree legislature free decree within constitutional limits facts elements constitute crime see ante legislature provides particular fact shall give rise special stigma special punishment ante plurality opinion quoting mcmillan stevens dissenting constitutional consequences clear acknowledged apprendi society long recognized necessary link punishment crime defendant ability predict certainty judgment face felony indictment flowed invariable linkage punishment crime link makes great deal sense anyone care convicted murder opposed manslaughter increased penalties former offense turn reflect greater moral opprobrium society attaches act made clear apprendi statute annexes higher degree based certain circumstances exposing defendant higher degree punishment requires circumstances charged indictment proved beyond reasonable doubt quoting archbold pleading evidence criminal cases ed constitutional limitation neither interferes legislature ability define statutory ranges punishment calls question judicial discretion impose judgment within range prescribed statute apprendi protect criminal defendant constitutional right know ex ante circumstances determine applicable range punishment circumstances proved beyond reasonable doubt defendant faces punishment beyond provided statute offense committed certain circumstances others obvious loss liberty stigma attaching offense heightened necessarily follows defendant moment state put proof circumstances deprived protections point unquestionably attached truncates protection holds facts sometimes referred sentencing factors need alleged indictment submitted jury established beyond reasonable doubt ante long increase penalty crime beyond statutory maximum even fact alters statutorily mandated sentencing range increasing mandatory minimum sentence say effect claim imposition rather mandatory minimum change constitutionally relevant sentence range regardless either sentence falls five years statutory maximum life longest sentence range available statute analysis flawed precisely statute provides incremental sentencing ranges mandatory minimum sentence varies upward defendant brandished discharged weapon matter common sense increased mandatory minimum heightens loss liberty represents increased stigma society attaches offense consequently facts trigger increased mandatory minimum sentence warrant constitutional safeguards actual sentencing practices appear bolster conclusion suggestion sentence imposed even without finding defendant brandished firearm ignores fact sentence imposed defendant found carried firearm relation drug trafficking offense appears almost uniformly invariably five years similarly found brandished firearm typically always sentenced years prison found discharged firearm sentenced years cf sentencing commission datafile table illustrating almost persons sentenced violations sentenced years imprisonment true even though anyone convicted violating theoretically eligible receive sentence severe life yet decision today key facts actually responsible fixing defendant punishment need charged indictment proved beyond reasonable doubt incremental increase five seven years prison may seem great abstract course must seem quite different defendant actually incarcerated however constitutional analysis adopted plurality hold equally true mandatory minimum violation without brandishing five years mandatory minimum brandishing life imprisonment result must surely fundamental constitutional principles alter depending degrees sentencing severity long clear congress intended brandishing sentencing factor fact still neither charged indictment proved beyond reasonable doubt case apprendi easily avoided clever statutory drafting true apprendi concerned fact increased penalty crime beyond prescribed statutory maximum principles upon relied apply equal force facts expose defendant higher mandatory minimum fact exposes defendant greater punishment otherwise legally prescribed fact definition elemen separate legal offense whether one raises floor raises ceiling impossible dispute defendant exposed greater punishment otherwise prescribed less true mandatory minimum sentences phenomena government acknowledged oral argument fact means historical practice directly dispositive question whether facts triggering mandatory minimums must treated like elements tr oral arg previously suggested constitutional protection ends legislative innovation ingenuity begins looking principles animated decision apprendi bases historical practice upon apprendi rested rather historical pedigree mandatory minimums logical grounds treating facts triggering mandatory minimums differently facts increase statutory maximum either case defendant predict judgment face felony see absolute statutory limits punishment change constituting increased penalty either case defendant must afforded procedural protections notice jury trial heightened standard proof respect facts warranting exposure greater penalty see jones scalia concurring iii mcmillan rested premise applicability standard always dependent state defines offense charged given case thus withstand logic apprendi least respect facts legislature prescribed new statutory sentencing range mcmillan broke traditional understanding crime definition tradition continued well century least middle century apprendi supra thomas concurring mcmillan therefore acknowledge change prescribed sentence range upon finding particular facts changed prescribed range penalties constitutionally significant way rather recognizing applicable due process limits concluded mandatory minimum issue increase prescribed range penalties merely required judge impose specific penalty within range already available discussed supra analysis inherently flawed jones called question apprendi firmly limited related precept underlying mcmillan namely state authority treat aggravated behavior factor increasing sentence rather element crime although plurality resurrects principle see ante must face contrary conclusion apprendi adopts position taken dissent mcmillan state provides specific component prohibited transaction shall give rise special stigma special punishment component must treated fact necessary constitute crime within meaning holding winship stevens dissenting see apprendi supra stare decisis dictate outcome case stare decisis effect mcmillan considerably weakened variety reasons initial matter wrongly decided constitutional question force stare decisis weakest see ring arizona post agostini felton relationship punishment constitutional protections attached elements crime traces roots back common law mcmillan decided years appeals let alone held apprendi retroactive effect concedes respect prospective application charge facts upon mandatory minimum sentence based indictment prove jury tr oral arg consequently one hard pressed give credence plurality suggestion critical abandon mcmillan late date ante rather imperative maintain absolute fidelity protections individual afforded notice trial jury requirements finally today one seriously believed earlier decision mcmillan coexist logical implications later decisions apprendi jones cases dissent said much essential holding mcmillan conflicts least two several formulations gives rule announces today first endorses following principle unconstitutional legislature remove jury assessment facts increase prescribed range penalties criminal defendant exposed equally clear facts must established proof beyond reasonable doubt ante emphasis added quoting jones supra stevens concurring second endorses rule restated justice scalia concurring opinion jones see ante justice scalia wrote unconstitutional remove jury assessment facts alter congressionally prescribed range penalties criminal defendant exposed jones supra emphasis added thus appears hold fact increases alters range penalties defendant exposed definition must include increases alterations either minimum maximum penalties must proved jury beyond reasonable doubt mcmillan however rejected rule extent concerned facts increase alter minimum penalty defendant exposed accordingly incumbent admit overruling mcmillan also explain course action appropriate normal principles stare decisis apprendi dissenting see also jones supporting essential incompatibility apprendi mcmillan justice breyer concurs judgment entire opinion recognizing easily distinguish apprendi case terms logic reason agree plurality opinion insofar finds distinction ante breyer concurring part concurring judgment leaves minority embracing distinction mcmillan apprendi forms basis today holding least one member explicitly continues reject apprendi jones ante concurring conscious likelihood legislative decisions may made reliance mcmillan apprendi reserve another day question whether stare decisis considerations preclude reconsideration narrower holding day come adherence stare decisis case require infidelity constitutional values like members logically distinguish issue principles underlying decision apprendi respectfully dissent footnotes harris owned pawn shop routinely wore gun work district accepted harris ordinary practice wear gun whether selling small amounts marijuana friends district however determined gun carried relation drug trafficking offense within meaning unable draw distinction carried legitimate purpose illegitimate purpose app presentence report recommended harris given term imprisonment zero six months distribution charge see indeed certainty virtually every instance sentence imposed violation tied directly applicable mandatory minimum see sentencing commission guidelines manual stating clearly guideline sentence defendant convicted minimum term required relevant statute sentence minimum term upward departure mandatory minimum sentence schemes phenomena fairly recent vintage genesis see ante see also apprendi new jersey thomas concurring fact fair say mcmillan began revolution law regarding definition crime today decision far sharp break past marks nothing return status quo ante status quo reflected original meaning fifth sixth amendments