Washington v. Recuenco

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Washington v. Recuenco
Seal of the United States Supreme Court.svg
Argued April 17, 2006
Decided June 26, 2006
Full case name Washington v. Recuenco
Citations 548 U.S. 212 (more)
Reversed and remanded
Court membership
Case opinions
Majority Thomas, joined by Roberts, Scalia, Kennedy, Souter, Breyer, and Alito
Concurrence Kennedy
Dissent Stevens
Dissent Ginsburg, joined by Stevens

Washington v. Recuenco, 548 U.S. 212 (2006), is the United States Supreme Court case of Recuenco, a man who was convicted of second-degree assault after he threatened his wife with a handgun, and subsequently sentenced by the Washington Supreme Court based not only on the conviction, but based on Recuenco's use of a handgun, charged as assault with a deadly weapon. His sentencing included a three-year enhancement, a standard based on his being armed with a firearm, which is greater than the one-year enhancement he would have received for assault with a deadly weapon. As the jury in the case had not found that Recuenco was armed with a firearm, he argued that the sentencing enhancement violated his Sixth Amendment right to a jury trial. At the Supreme Court, the State conceded that a Blakely error had occurred, but argued that the error was harmless beyond a reasonable doubt. The Court held in a 7-2 opinion that a Blakely error could be considered harmless.


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