The maximum sentence that "may be imposed" for a conviction is the standard maximum referred to by the United States Supreme Court, in Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), which held it violates the constitutional right to trial by jury to sentence a defendant on the basis of facts that were not included in the elements of the offense nor admitted factually by the defendant at plea or sentencing. Blakely applies to immigration cases because the United States Constitution prohibits a sentence greater than allowed by the rule of that case.

jurisdiction: 
US Supreme Ct

 

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