Epstein Secrets

75 Smith y. Maryland, 442 U.S. 735 (1979) 117, 118 Stogner v. California, 539 U.S. 607 (2003) 45 Swain v. Alabama, 380 U.S. 202 (1965) 300 Taylor v. Louisiana, 419 U.S. 522 (1975) 299,300 Taylor v. United States, 495 U.S. 575 (1990) 56 Thom v. Ashcroft, 369 F.3d 158 (2d Cir. 2004) 47 T

conviction to determine the present punishment or immigration consequences would encounter logistical and constitutional obstacles. Id. (noting an Apprendi problem and "daunting practical difficulties and potential unfairness"). None of those concerns is present here, where the relevant facts will be p

275 Smith v. Maryland, 442 U.S. 735 (1979) 117, 118 Stogner v. California, 539 U.S. 607 (2003) 45 Swain v. Alabama, 380 U.S. 202 (1965) 300 Taylor v. Louisiana, 419 U.S. 522 (1975) 299, 300 Taylor v. United States, 495 U.S. 575 (1990) 56 Thom v. Ashcroft, 369 F.3d 158 (2d Cir. 2004) 47

conviction to determine the present punishment or immigration consequences would encounter logistical and constitutional obstacles. Id. (noting an Apprendi problem and "daunting practical difficulties and potential unfairness"). None of those concerns is present here, where the relevant facts will be p

275 Smith v. Maryland, 442 U.S. 735 (1979) 117, 118 Stogner v. California, 539 U.S. 607 (2003) 45 Swain v. Alabama, 380 U.S. 202 (1965) 300 Taylor v. Louisiana, 419 U.S. 522 (1975) 299, 300 Taylor v. United States, 495 U.S. 575 (1990) 56 Thom v. Ashcroft, 369 F.3d 158 (2d Cir. 2004) 47

conviction to determine the present punishment or immigration consequences would encounter logistical and constitutional obstacles. Id. (noting an Apprendi problem and "daunting practical difficulties and potential unfairness"). None of those concerns is present here, where the relevant facts will be p

8, 81 Smith v. Maiyland, 442 U.S. 735 (1979) 83, 84 Stogner v. California, 539 U.S. 607 (2003) 34 Swain v. Alabama, 380 U.S. 202 (1965) 208 Taylor v. Louisiana, 419 U.S. 522 (1975) 206, 208 Taylor v. United States, 495 U.S. 575 (1990) 40 Thom v. Ashcroft, 369 F.3d 158 (2d Cir. 2004) 35

r conviction to determine the present punishment or immigration consequence would encounter logistical and constitutional obstacles. Id. (noting an Apprendi problem and "daunting practical difficulties and potential unfairness"). None of those concerns are present here, where the relevant facts will be

75 Smith v. Maryland, 442 U.S. 735 (1979) 117, 118 Stogner v. California, 539 U.S. 607 (2003) 45 Swain v. Alabama, 380 U.S. 202 (1965) 300 Taylor v. Louisiana, 419 U.S. 522 (1975) 299, 300 Taylor v. United States, 495 U.S. 575 (1990) 56 Thom v. Ashcroft, 369 F.3d 158 (2d Cir. 2004) 47

conviction to determine the present punishment or immigration consequences would encounter logistical and constitutional obstacles. Id. (noting an Apprendi problem and "daunting practical difficulties and potential unfairness"). None of those concerns is present here, where the relevant facts will be p

trine applies to criminal litigation as well as civil, we find its protection unavailable in this case. Page 15 nized by this Court of Hickman /. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 .Ed. 451 (1947), reflects the strong 'public policy underlying the orderly prosecution *237 and defense of legal

U.S. 270, 127 S.Ct. 56, 166 L.Ed.2d 856 (2007), Ring I. Arizona, and related Supreme Court precedents, urges us reach a different conclusion. In Apprendi New Jersey, 530 U.S. 466 120 S.Ct. 348, 147 L.Ed.2d 435 (2000), the Su- preme Court emphasized that "Ulf a State makes an increase in a defendants