SocialSecurity
Can a sentencing court consistent with the Sixth Amendment recharacterize a defendant's conviction into conduct that was neither found by a jury or judge consistent with the statute of conviction, or facts admitted by the defendant during the plea colloquy or stipulated within the factual basis of the plea agreement to substantially increase a defendant's sentence?
QUESTION(S) PRESENTED | 1) Can a sentencing court consistent with the Sixth Amendment to the United States Constitution recharaterize a defendantis conviction into conduct that was neither found by a jury or judge consistent with the statute of conviction, or facts . admitted by the defendant during the plea colloquy or stipu— lated within the factual basis of the plea agreement to substantially increase a defendant's sentence? :