Richard Crayton v. United States

EASTERBROOK, Circuit Judge.

Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), holds that facts increasing a criminal defendant’s maximum permissible sentence must be established, beyond a reasonable doubt, to the satisfaction of the trier of fact (a jury unless the defendant agrees to a bench trial or formally admits the facts). Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), holds that facts increasing the minimum permissible sentence may be found by a judge on the preponderance of the evidence. But Alleyne v. United States, — U.S. -,…