According to the Apprendi bright-line rule, any departure from sentencing guidelines that increases the penalty for a crime must be submitted to a jury.

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The Apprendi rule, established by the Supreme Court in Apprendi v. New Jersey, states that any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt, rather than allowing judges to make such determinations. It does not specifically address departures from sentencing guidelines unless those departures increase the penalty beyond the statutory maximum.

According to the Apprendi Bright-Line Rule, Any Departure from Sentencing