Lewis v. United States, 518 U.S. 322, 2 (1996)

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Cite as: 518 U. S. 322 (1996)

Opinion of the Court

jury trial right would apply. Codispoti v. Pennsylvania, 418 U. S. 506, 511, and Taylor v. Hayes, 418 U. S. 488, distinguished. Pp. 325-330. 2. Because petitioner is not entitled to a jury trial, the Court does not reach the question whether a judge's self-imposed limitation on sentencing may affect the jury trial right. P. 330. 65 F. 3d 252, affirmed.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Souter, and Thomas, JJ., joined. Kennedy, J., filed an opinion concurring in the judgment, in which Breyer, J., joined, post, p. 330. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined, post, p. 339.

Steven M. Statsinger argued the cause for petitioner. With him on the briefs were Henriette D. Hoffman and David A. Lewis.

Cornelia T. L. Pillard argued the cause for the United States. On the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, Richard P. Bress, and Louis M. Fischer.*

Justice O'Connor delivered the opinion of the Court.

This case presents the question whether a defendant who is prosecuted in a single proceeding for multiple petty offenses has a constitutional right to a jury trial where the aggregate prison term authorized for the offenses exceeds six months. We are also asked to decide whether a defendant who would otherwise have a constitutional right to a jury trial may be denied that right because the presiding judge has made a pretrial commitment that the aggregate sentence imposed will not exceed six months.

We conclude that no jury trial right exists where a defendant is prosecuted for multiple petty offenses. The Sixth

*David A. Reiser, John Vanderstar, and Jeffrey B. Coopersmith filed a brief for the National Legal Aid and Defender Association et al. as amici curiae urging reversal.

Christopher Warnock filed a brief for the Jury Trial Group as amicus curiae.

323

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