No. 21-5970

Fredrick Devone Flemming v. United States

Lower Court: Fourth Circuit
Docketed: 2021-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-procedure due-process juvenile-delinquency prior-conviction sentencing-factor sentencing-factors sixth-amendment stare-decisis
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2021-11-12
Question Presented (from Petition)

In Almendarez-Torres v. United States, 523 U.S. 224 (1998), this Court held that the fact of a prior conviction was a "sentencing factor," not an "element," and thus need not be presented in the indictment, presented to the jury, or proved beyond a reasonable doubt. In this case, Petitioner was indicted for—and pled guilty to—an offense with a statutory maximum punishment of only 10 years' imprisonment, but because the district court subsequently found a previous juvenile delinquency adjudication as a "sentencing factor," he was subjected to the Armed Career Criminal Act's enhanced punishment range of 15 years' to life imprisonment.

The first question presented, on which the federal appellate courts remain intractably divided, is whether the Almendarez-Torres "prior conviction" exception to the Sixth Amendment, as articulated in Apprendi v. New Jersey, 530 U.S. 466 (2000), should be expanded to include prior juvenile delinquency adjudications.

The second question presented, which has been flagged for future consideration by this Court and by the federal appellate courts in numerous published opinions, is whether Almendarez-Torres has been abrogated by this Court's Sixth Amendment jurisprudence in Apprendi, Blakely v. Washington, 542 U.S. 296, 305-06 (2004), and Alleyne v. United States, 570 U.S. 99, 111 (2018).

Question Presented (AI Summary)

Whether the Almendarez-Torres 'prior conviction' exception to the Sixth Amendment should be expanded to include prior juvenile delinquency adjudications

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-25
Waiver of right of respondent United States to respond filed.
2021-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

Fredrick Flemming
Mark Andrew JonesBell, Davis & Pitt, PA, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent