This Comment focuses on the recent developments related to determining the maximum potential term of imprisonment for a prior conviction. Part I provides background by considering some of the potential approaches to the issue and by discussing cases that have adopted those approaches. Part II examines Simmons I and Simmons II and analyzes the competing viewpoints in those cases. Finally, Part III considers the implications of these recent developments and discusses the complexities inherent to this calculation that remain unresolved.
United States v. Rodriguez and Carachuri-Rosendo v. Holder: Shedding Light on the Maximum Potential Term Issue in United States v. Simmons
DOWNLOAD PDF | 90 N.C. L. Rev.1147 (2012)