Hester v. United States

The argument that the Sixth Amendment, as originally understood, requires a jury to find the facts supporting an order of restitution depends upon the proposition that the Sixth Amendment requires a jury to find the facts on which a sentence of imprisonment is based. That latter proposition is supported by decisions of this Court, see United States v. Booker, 543 U.S. 220 , 230-232, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) ; Apprendi v. New Jersey, 530 U.S. 466 , 478, 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), but it represents a questionable interpretation of the original meaning of the Sixth…