No. 24-366

Austin Kyle Lee v. United States

Lower Court: Fourth Circuit
Docketed: 2024-10-01
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: apprendi-violation circuit-split constitutional-error due-process harmless-error sentencing-enhancement
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-11-01
Question Presented (from Petition)

1. Whether, as several circuits have held, all
Apprendi violations should be treated as trial errors
and subject to the harmless-error test from Neder v.
United States, 527 U.S. 1 (1999), or, as the Third
Circuit has held, at least some Apprendi errors should
be treated as sentencing errors and evaluated under
the harmless-error test from Parker v. Dugger, 498
U.S. 308 (1991).

2. Whether Almendarez-Torres v. United States,
523 U.S. 224 (1998), should be overruled.

Question Presented (AI Summary)

Whether Apprendi violations should be treated as trial errors or sentencing errors and whether Almendarez-Torres should be overruled

Docket Entries

2024-11-04
Petition DENIED.
2024-10-16
DISTRIBUTED for Conference of 11/1/2024.
2024-10-10
Waiver of United States of right to respond submitted.
2024-10-10
Waiver of right of respondent United States to respond filed.
2024-09-27
Petition for a writ of certiorari filed. (Response due October 31, 2024)
2024-07-23
Application (24A66) granted by The Chief Justice extending the time to file until September 27, 2024.
2024-07-15
Application (24A66) to extend the time to file a petition for a writ of certiorari from July 29, 2024 to September 27, 2024, submitted to The Chief Justice.

Attorneys

Austin Kyle Lee
Jonathan Yates EllisMcGuireWoods LLP, Petitioner
United States
Elizabeth B. Prelogar — Respondent