Cite as: 523 U. S. 224 (1998)
Opinion of the Court
prove to the jury that the defendant was previously deported "subsequent to a conviction for commission of an aggravated felony." As this Court has long recognized, the introduction of evidence of a defendant's prior crimes risks significant prejudice. See, e. g., Spencer v. Texas, 385 U. S. 554, 560 (1967) (evidence of prior crimes "is generally recognized to have potentiality for prejudice"). Even if a defendant's stipulation were to keep the name and details of the previous offense from the jury, see Old Chief v. United States, 519 U. S. 172, 178-179 (1997), jurors would still learn, from the indictment, the judge, or the prosecutor, that the defendant had committed an aggravated felony. And, as we said last Term, "there can be no question that evidence of the . . . nature of the prior offense," here, that it was "aggravated" or serious, "carries a risk of unfair prejudice to the defendant." Id., at 185 (emphasis added). Like several lower courts, we do not believe, other things being equal, that Congress would have wanted to create this kind of unfairness in respect to facts that are almost never contested. See, e. g., United States v. Forbes, 16 F. 3d, at 1298-1300; United States v. Rumney, 867 F. 2d 714, 718-719 (CA1 1989); United States v. Brewer, 853 F. 2d 1319, 1324-1325 (CA6 1988) (en banc); United States v. Jackson, 824 F. 2d, at 25-26; Government of Virgin Islands v. Castillo, 550 F. 2d 850, 854 (CA3 1977).
In sum, we believe that Congress intended to set forth a sentencing factor in subsection (b)(2) and not a separate criminal offense.
B
We must also consider several additional arguments that have been or might be made for a contrary interpretation of the statute. First, one might try to derive a congressional intent to establish a separate crime from the magnitude of the increase in the maximum authorized sentence. The magnitude of the change that Congress made in 1988, however, proves little. That change—from a 2-year maximum to 5- and 15-year maximums—is well within the range
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