| Syllabus | Opinion [ Souter ] | Concurrence [ Stevens ] | Concurrence [ Scalia ] | Dissent [ Kennedy ] |
|---|---|---|---|---|
| HTML version PDF version | HTML version PDF version | HTML version PDF version | HTML version PDF version | HTML version PDF version |
NATHANIEL JONES, PETITIONER v. UNITED STATES
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[March 24, 1999]
Justice Scalia, concurring.
In dissenting in Almendarez-Torres v. United States, 118 S. Ct. 1219 (1998), I suggested the possibility, and in dissenting in Monge v. California, 118 S. Ct. 2246, 2255-2257 (1998), I set forth as my considered view, that it is unconstitutional to remove from the jury the assessment of facts that alter the congressionally prescribed range of penalties to which a criminal defendant is exposed. Because I think it necessary to resolve all ambiguities in criminal statutes in such fashion as to avoid violation of this constitutional principle, I join the opinion of the Court.