Washington v. Recuendo, __ U.S. __ (Jun. 27, 2006) (failure to submit firearm enhancement to jury, in violation of Blakely v. Washington, 541 U.S. 296 (2004), is not structural error requiring reversal without showing of prejudice).



Note: Justice Stevens, in dissent, points out that the majority did not reach the issue whether Blakely errors are structural because they deprive defendants of sufficient notice regarding the charges they must defend against. So that argument is still available.