Castillo v. United States

In Castillo v. United States (2000) 530 U.S. 120, 126 120 S. Ct. 2090, 2094, 147 L. Ed. 2d 94, the Supreme Court confronted the question of whether an enhanced sentence for machine gun use during a crime of violence created a separate offense or was merely a sentencing factor. In Castillo, Justice Breyer described the issue before the court like this: "In this case we once again decide whether words in a federal criminal statute create offense elements (determined by a jury) or sentencing factors (determined by a judge). See Jones v. United States, supra, 526 U.S. 227 . . .; Almendarez-Torres v. United States, supra, 523 U.S. 224 . . . ." ( Castillo v. United States, supra, 530 U.S. at p. 121 120 S. Ct. at p. 2091.) Further, in Castillo, Justice Breyer described the Almendarez-Torres opinion as one as involving issues of recidivism and noted, "Recidivism 'is as typical a sentencing factor as one might imagine.' " ( Castillo v. United States, supra, 530 U.S. at p. 126 120 S. Ct. at p. 2094.)