United States Supreme Court Decision Should Apply to Fine in Gary Osborn's case

The United States Supreme Court issued a rule in Southern Union v. United States that should apply to Gary Osborn's recent motion filed. By a vote of six to three, the Court reversed the decision of the First Circuit and remanded the case for further consideration. The Court held that the rule established in Apprendi v. New Jersey.  In Apprendi, the Court held that the Sixth Amendment’s jury-trial guarantee requires that any fact (other than the fact of a prior conviction) which increases the maximum punishment authorized for a particular crime be proved to a jury beyond a reasonable doubt.  In Southern Union, the Court held that the rule in Apprendi applies to the imposition of criminal fines. 

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