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34 Preview U.S. Sup. Ct. Cas. 1 (2006-2007)

handle is hein.journals/prvw33 and id is 1 raw text is: hvI W VW COVERING THE COURT'S ENTIRE OCTOBER CALENDAR OF CASES, INCLUDING ... LOPEZ v. GONZALES AND TOLEDO-FLORES V. UNITED STATES The Immigration and Nationality Act attaches many consequences to a noncitizen's commission of an aggravated felony. Not only does this crime render the noncitizen removable, but it also bars various forms of relief from removal. The Federal Sentencing Guidelines also include specific sentencing consequences for aggravated felonies. The INA contains a definition of crimes cate- gorized as aggravated felonies, but the circuits are split as to whether this definition includes state-law drug felonies that would only be misdemeanors under federal criminal law. CUNNINGHAM V. CALIFORNIA In overturning Washington's sentencing guidelines system in 2004, the Supreme Court held that When a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts which the law makes essential to the punishment, and the judge exceeds his proper authority. For most felonies, California law provides three possible sentences. The sentencing judge may impose the most severe of the three sentences if the judge finds there are circumstances in aggravation of the crime. This case asks whether defendants have a constitutional right to have those facts found by a jury instead of the judge. www,.e_ q3 courtpreview.org I