oregon ice argued october decided january respondent ice twice entered girl residence sexually assaulted incidents oregon jury found ice guilty burglary entering intent commit sexual abuse sexual assault touching victim vagina sexual assault touching breasts ice sentenced state statute providing generally concurrent sentences rev stat allowing judge impose consecutive sentences circumstances defendant simultaneously sentenced offenses arise course conduct offenses arise course conduct judge finds either hat offense indication defendant willingness commit one criminal offense offense caused created risk causing greater qualitatively different harm victim trial judge first found two burglaries constituted separate incidents exercised discretion impose consecutive sentences crimes found offense touching victim vagina met two criteria giving judge discretion impose sentences offenses consecutive two associated burglary sentences elected ordered sentences touching victim breasts run concurrently sentences appeal ice argued inter alia sentencing statute unconstitutional apprendi new jersey blakely washington holding sixth amendment guarantee requires jury rather judge determine fact existence prior conviction increases maximum punishment authorized particular crime appellate affirmed oregon reversed holding apprendi rule applied imposition consecutive sentences increased ice quantum punishment held light historical practice authority administration criminal justice systems sixth amendment inhibit assigning judges rather juries finding facts necessary imposition consecutive rather concurrent sentences multiple offenses pp declines extend apprendi blakely line decisions beyond context supplied historic grounding decisions application apprendi rule must honor longstanding practice rule rooted cunningham california rule animating principle preservation jury historic role bulwark state accused trial alleged offense see apprendi sixth amendment countenance legislative encroachment jury traditional domain see considers whether finding particular fact understood within jury domain bill rights framers harris also cognizant administration discrete criminal justice system among basic sovereign prerogatives retain see patterson new york twin considerations historical practice respect state sovereignty counsel extending apprendi imposition sentences discrete crimes historical record demonstrates england nation founding early american common law generally entrusted decision whether sentences discrete offenses served consecutively concurrently judges unfettered discretion assigning role determination jury thus legislative reforms regarding imposition multiple sentences implicate core concerns prompted decision apprendi encroachment judge upon facts historically found jury threat jury domain bulwark trial state accused instead defendant historically may faced consecutive sentences default granted modern legislatures statutory protections meant temper harshness historical practice ice argument entitled concurrent sentences absent factfindings oregon law requires rejected scope federal constitutional jury right must informed jury historical role right attach every contemporary entitlement predicate findings similar reasons cunningham upon ice heavily relies control holding facts permitting imposition elevated upper term sentence particular crime fell within jury province rather sentencing judge cunningham occasion consider appropriate inquiry erosion jury traditional role stake pp interest development penal systems historic dominion area also counsel extension apprendi ice requests diminish sovereign authority administration criminal justice systems absent impelling reason limiting judicial discretion impose consecutive sentences serves salutary objectives promoting sentences proportionate gravity offense blakely reducing disparities sentence length agree scheme making consecutive sentences rule concurrent sentences exception encounters sixth amendment shoal hem holding may choose make concurrent sentences rule consecutive sentences exception make scant sense neither apprendi sixth amendment traditions compel straitjacketing manner potential intrusion apprendi rule state initiatives sentencing choices accoutrements example permitting trial judges find facts offense nature defendant character determining length supervised release required attendance drug rehabilitation programs terms community service imposition fines restitution cut rule loose moorings moreover expansion ice seeks difficult administer predicate facts consecutive sentences substantially prejudice defense trial guilt phase potentially necessitating bifurcated trifurcated trials pp reversed remanded ginsburg delivered opinion stevens kennedy breyer alito joined scalia filed dissenting opinion roberts souter thomas joined oregon petitioner thomas eugene ice writ certiorari oregon january justice ginsburg delivered opinion case concerns scope sixth amendment guarantee construed apprendi new jersey blakely washington decisions rooted historic jury function determining whether prosecution proved element offense beyond reasonable doubt hold within jury province determine fact existence prior conviction increases maximum punishment authorized particular offense thus far extended apprendi blakely line decisions beyond context supplied historic grounding decisions question presented concerns sentencing function jury traditionally played part defendant tried convicted multiple offenses involving discrete sentencing prescriptions sixth amendment mandate jury determination fact declared necessary imposition consecutive lieu concurrent sentences continue tradition entrust judges unfettered discretion decision whether sentences discrete offenses shall served consecutively concurrently sentences multiple offenses presumed run consecutively sentencing judges may order concurrent sentences upon finding cause therefor including oregon constrain judges discretion requiring find certain facts imposing consecutive rather concurrent sentences undisputed may proceed first two tracks without transgressing sixth amendment sole issue dispute whether sixth amendment construed apprendi blakely precludes mode proceeding chosen oregon several sister hold light historical practice authority administration criminal justice systems sixth amendment exclude oregon choice state laws observed prescribe variety approaches decision whether defendant sentences distinct offenses shall run concurrently consecutively oregon might followed prevailing pattern placing decision within trial discretion almost circumstances instead oregon several adopted restrained approach provide judicial discretion constrain exercise impose consecutive sentences judges must make certain predicate fact controlling statute oregon provides sentences shall run concurrently unless judge finds statutorily described facts rev stat cases finding facts permits require judge order consecutive specifically oregon judge may order consecutive sentences defendant simultaneously sentenced criminal offenses arise continuous uninterrupted course conduct offenses arise course conduct judge may still impose consecutive sentences finds either criminal offense indication defendant willingness commit one criminal offense criminal offense caused created risk causing greater qualitatively different loss injury harm victim different victim two occasions december july respondent thomas eugene ice entered apartment complex managed sexually assaulted girl oregon jury convicted ice six crimes two incidents jury found guilty burglary entering intent commit sexual abuse sexual assault touching victim vagina sexual assault touching victim breasts ibid sentencing judge made findings pursuant permitted imposition consecutive sentences first judge found two burglaries constituted separate incident internal quotation marks omitted based finding judge exercised discretion impose two burglary sentences consecutively ibid see second found offense touching victim vagina met statutory criteria set forth ice displayed willingness commit one offense criminal episode conduct caused created risk causing greater qualitatively different loss injury harm victim internal quotation marks omitted findings gave judge discretion impose sentence sexual assault offenses consecutive associated burglary sentence elected ibid ordered however sentences touching victim breasts run concurrently sentences ibid total sentenced ice months imprisonment app ice appealed sentences relevant part argued sixth amendment right jury sentencing judge find facts permitted imposition consecutive sentences appellate affirmed trial judgment without opinion app oregon granted ice petition review reversed majority view rule apprendi applied imposition consecutive sentences increased quantum punishment imposed dissenting justices concluded either holding apprendi reasoning support ed extending decision question consecutive sentencing opinion kistler state high courts divided whether rule apprendi governs consecutive sentencing granted review resolve question ii federal constitution guarantee assigns determination certain facts jury exclusive province guarantee held apprendi fact increases penalty crime beyond prescribed statutory maximum must submitted jury proved beyond reasonable doubt applied apprendi rule facts subjecting defendant death penalty ring arizona facts allowing sentence exceeding standard range washington sentencing system blakely facts prompting elevated sentence federal sentencing guidelines booker recently cunningham california applied apprendi rule facts permitting imposition upper term sentence california determinate sentencing law decisions involved sentencing discrete crime multiple offenses different character committed different times application apprendi rule must honor longstanding practice rule rooted cunningham rule animating principle preservation jury historic role bulwark state accused trial alleged offense see apprendi guided principle opinions make clear sixth amendment countenance legislative encroachment jury traditional domain see accordingly considered whether finding particular fact understood within domain jury framed bill rights harris plurality opinion undertaking inquiry remain cognizant administration discrete criminal justice system among basic sovereign prerogatives retain see patterson new york twin considerations historical practice respect state sovereignty counsel extending apprendi rule imposition sentences discrete crimes decision impose sentences consecutively within jury function extends centuries common law apprendi instead specification regime administering multiple sentences long considered prerogative state legislatures historical record demonstrates jury played role decision impose sentences consecutively concurrently rather choice rested exclusively judge see bishop criminal law pp ed hen two convictions sentence remains pronounced judgment may direct succeeding period imprisonment shall commence termination period next preceding campbell law sentencing ed firmly rooted common law principle selection either concurrent consecutive sentences rests within discretion sentencing england founding early american ice quarrel account consecutive sentencing practices ages brief respondent historical record indicates judge imposition consecutive rather concurrent sentences prevailing light history legislative reforms regarding imposition multiple sentences implicate core concerns prompted decision apprendi encroachment judge upon facts historically found jury threat jury domain bulwark trial state accused instead defendant historically may faced consecutive sentences default granted modern legislatures statutory protections meant temper harshness historical practice answer ice argues concurrent sentences absent fact findings oregon law requires brief respondent ice view oregon legislature deviated tradition enacted statute hinges consecutive sentences fact findings apprendi rule must imported brief respondent described scope constitutional jury right must informed historical role jury common law see williams florida therefore case ice suggests federal constitutional right attaches every contemporary entitlement predicate findings similar reasons cunningham upon ice heavily relies control case stated earlier held cunningham facts permitting imposition elevated upper term sentence particular crime fell within jury province internal quotation marks omitted assignment finding sentencing judge implicates apprendi core concern legislative attempt remove province jury determination facts warrant punishment specific statutory offense apprendi internal quotation marks omitted occasion consider appropriate inquiry erosion jury traditional role stake cunningham thus impede conclusion apprendi core concern inapplicable issue hand sixth amendment restriction facts interest development penal systems historic dominion area also counsel extension apprendi ice requests beyond question authority administration criminal justice systems lies core sovereign status see patterson goes without saying preventing dealing crime much business federal long recognized role laboratories devising solutions difficult legal problems see new state ice liebmann brandeis dissenting diminish role absent impelling reason bears emphasis state legislative innovations like oregon seek rein discretion judges possessed common law impose consecutive sentences limiting judicial discretion impose consecutive sentences serves salutary objectives promoting sentences proportionate gravity offense blakely reducing disparities sentence length see lafave israel king kerr criminal procedure ed agree scheme making consecutive sentences rule concurrent sentences exception encounters sixth amendment shoal hem holding may equally choose make concurrent sentences rule consecutive sentences exception make scant sense neither apprendi sixth amendment traditions compel straitjacketing manner unclear many state initiatives fall ice proposed expansion apprendi observed amici brief supporting oregon currently permit judges make variety sentencing determinations length incarceration trial judges often find facts nature offense character defendant determining example length supervised release following service prison sentence required attendance drug rehabilitation programs terms community service imposition statutorily prescribed fines orders restitution see brief state indiana et al amici curiae intruding apprendi rule decisions sentencing choices accoutrements surely cut rule loose moorings moreover expansion ice seeks difficult administer predicate facts consecutive sentences substantially prejudice defense guilt phase trial result bifurcated trifurcated trials might often prove necessary brief state indiana et al amici curiae burden nation trial courts absent genuine affront apprendi instruction recognize every state initiative harmony sixth amendment ideals previously emphasized structural democratic constraints exist discourage legislatures pernicious manipulation rules articulate apprendi event confronted manipulation required question whether legislative measure constitutional prior decisions oregon statute us today raises concern iii members warned wooden unyielding insistence expanding apprendi doctrine far beyond necessary boundaries cunningham kennedy dissenting right best honored principled rationale applies rule apprendi cases within central sphere concern disposition today upholding oregon statute assigns judges decision traditionally belonged jury faithful aim reasons stated judgment oregon reversed case remanded proceedings inconsistent opinion ordered oregon petitioner thomas eugene ice writ certiorari oregon january justice scalia chief justice justice souter justice thomas join dissenting rule apprendi new jersey clear fact prior conviction increases maximum punishment defendant may sentenced must admitted defendant proved beyond reasonable doubt jury oregon sentencing scheme allows judges rather juries find facts necessary commit defendants longer prison sentences thus directly contradicts held eight years ago reaffirmed several times since justification oregon scheme virtual copy dissents cases judge case imposed sentence consecutive prison terms without making factual finding defendant caused separate harms victim acts produced two convictions see kistler dissenting thus doubt judge factual finding essential punishment imposed booker end matter blakely washington instead attempts distinguish oregon sentencing scheme reasoning rule apprendi applies length sentence individual crime total sentence defendant understand make strange exception treasured right trial jury neither reasoning apprendi line cases distinctive history factfinding necessary imposition consecutive sentences course logic supports odd rule taken pains reject artificial limitations upon facts subject guarantee long ago made clear guarantee turns upon penal consequences attached fact formal definition element crime mullaney wilbur recently rejected contention aggravating circumstances qualify defendant death penalty found jury said state makes increase defendant authorized punishment contingent finding fact fact matter state labels must found jury beyond reasonable doubt ring arizona bare three years ago rejecting contention facts determining application federal sentencing guidelines found jury set forth pragmatic practical nonformalistic rule terms mistaken jury must find existence particular fact law makes essential defendant punishment booker supra quoting blakely supra rule leaves room formalistic distinction facts bearing number years imprisonment defendant serve one count subject rule apprendi facts bearing many years served total subject apprendi doubt consecutive sentences greater punishment concurrent sentences apprendi supra hitherto taken note reality concurrent sentence traditionally imposed less severe sanction consecutive sentence ralston robinson emphasis deleted decision impose consecutive sentences alters single consequence important convicted noncapital defendants date release prison many defendants difference consecutive concurrent sentences important jury verdict innocence single count two consecutive sentences circumstances severe punishment number concurrent sentences support puts forward arguments regarding history sentencing rejected apprendi entirely irrelevant judges discretion impose either consecutive concurrent sentences ante entirely irrelevant judges discretion impose greater lesser sentences within prescribed statutory maximum individual convictions sixth amendment problem system exposes defendants known range sentences guilty verdict system says judge may punish burglary years every burglar knows risking years jail blakely supra analysis applies system consecutive concurrent sentences authorized jury verdict guilt knows risking consecutive sentences concern precisely concern apprendi happens state breaks practice discretionary sentences permits imposition elevated sentence upon showing extraordinary facts system defendant entitled lighter sentence reason sixth amendment facts bearing upon entitlement must found jury blakely protests case encroachment erosion jury role traditionally judge determine whether concurrent terms ante alas argument made rejected apprendi jury role diminished apprendi dissent contended traditionally judges juries determine sentence opinion breyer opinion acknowledged century practice leave sentencing judges within limits fixed law said practice bearing upon whether jury must find fact law conditions higher sentence upon fact jury role diminished length sentence made depend upon fact removed determination true observes results oregon system readily achieved instead system consecutive sentences default rule judges permitted impose concurrent sentences find certain facts ante undoubtedly sixth amendment permits system judges authorized even required impose consecutive sentences unless defendant proves additional facts satisfaction see ibid permissibility alternative means achieving end obviously distinguish apprendi argument argument raised squarely rejected case defendant escape statutory maximum showing example war veteran judge finds fact veteran status neither exposing defendant deprivation liberty greater authorized verdict according statute judge imposing upon defendant greater stigma accompanying jury verdict alone core concerns animating jury requirements thus absent scheme ultimately abandons effort provide analytic support decision turns thinks oregon scheme ante limiting judicial discretion told promotes sentences proportionate gravity offense reduces disparities sentence length ibid argument argument made rejected booker see blakely see protection sixth amendment turn opinion whether alternative scheme good policy whether legislature compassionate heart adopting right trial jury proof beyond reasonable doubt given legislative policymaking good bad heartless compassionate must work within confines reality course probably exaggerates benign effect oregon scheme suggested defense bar vigorous objection evidenced participation national association criminal defense lawyers amicus favor respondent even exaggeration replay rejected dissent one prior cases responded hard believe national association criminal defense lawyers somehow duped arguing wrong side blakely supra finally summons parade horribles assembled amicus brief supporting oregon notes rial judges often find facts connection variety sentencing determinations length incarceration worries even ability set length supervised release impose community service order entry drug rehabilitation program may called question ante courses reduce rather augment punishment jury verdict imposes problem last horrible invokes prospect bifurcated even trifurcated trials order jury find facts essential consecutive sentencing without prejudicing defendant merits case ibid another déjà vu déjà rejeté watched parade past several opinions saluted see blakely supra breyer dissenting apprendi supra peroration says right best honored rationale applies rule apprendi cases central sphere concern ante quoting cunningham california kennedy dissenting undoubtedly hitherto considered central sphere concern facts necessary increase defendant sentence beyond jury verdict alone justifies jury verdict alone authorize sentence instead judge must find additional fact impose longer term sixth amendment requirement satisfied opinion doubling tripling defendant jail time consecutive sentencing meet description nothing principled rationale reliance upon distinction without difference repeated exhumation arguments dead buried prior cases seems epitome opposite today opinion muddies waters gives cause doubt whether willing stand apprendi interpretation sixth amendment guarantee footnotes connecticut stat idaho idaho code lexis nebraska neb rev stat see generally brief national association criminal defense lawyers amicus curiae listing laws nine florida stat kansas stat ann mississippi miss code ann maine rev stat tit state keene tennessee code ann state allen oregon rev stat sentences must run consecutively however hen defendant sentenced crime committed defendant incarcerated rev stat judge ordered concurrent service sentences ice time prison months app preliminarily oregon ruled unanimously findings constitute elements specific crime therefore right safeguarded oregon constitution violated compare people wagener holding apprendi apply keene state foster ohio holding apprendi applicable king wilkes tr see also lee walker high always inherent jurisdiction impose consecutive sentences imprisonment appropriate case power russell commonwealth serg rawle judicial imposition consecutive sentences common practice courts state warranted principle practice authority walsh neb great weight authority favor proposition power impose cumulative sentences breton howard rule denies power impose cumulative sentences turns trial conviction indictments except one idle queen cutbush cox crim cas ight justice require man guilty separate offences escape punishment due additional offence merely already sentenced imprisoned another offence ibid noting practice impose consecutive sentences far living judicial memory goes back