1. This case concerns the standard of review for a violation of the Sixth Amendment right to a jury. The Sixth Amendment provides that, in all criminal prosecutions, a jury must decide any fact—other than the bare existence of a prior conviction—that increases the prescribed range of penalties to which the defendant is exposed. U.S. Const. amend. VI; see Erlinger v. United States, No. 23-370, slip op. at 9-10 (2024); Alleyne v. United States, 570 U.S. 99, 111 (2013); Apprendi v. New Jersey, 530 U.S. 466, 490 (2000); Almendarez-Torres v. United States, 523 U.S. 224, 247 (1998). It is undisputed that Applicant Austin Kyle Lee's Sixth Amendment rights were violated in this case. The question is whether, having identified that error on direct review, he is entitled to any relief.

This Court has yet to resolve how to conduct a harmless-error analysis for an Apprendi error. See, e.g., Erlinger, slip op. at 26 (vacating judgment for Apprendi error without considering harmlessness). Some courts of appeals, including the court below, treat all Alleyne or Apprendi errors as trial errors that may be deemed harmless when it is "clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." Neder v. United States, 527 U.S. 1, 18 (1999); see United States v. Legins, 34 F.4th 304, 323 (4th Cir. 2022) (collecting cases applying Neder to an Alleyne or Apprendi error). The Third Circuit, however, takes a more nuanced approach, treating some Alleyne or Apprendi errors as trial errors and others as sentencing errors. Under that approach, sentencing Apprendi errors are considered harmless only when the error "would have made no difference to the sentence." Parker v. Dugger, 498 U.S. 308, 319 (1991); see United States v. Lewis, 802 F.3d 449, 458 (2015) (applying Parker to an Alleyne error). This case squarely presents the question whether an Alleyne or Apprendi error is always subject to harmless error review under Neder or should sometimes be subject to review under Parker.

Whether an Alleyne or Apprendi error involving a sentencing enhancement should be reviewed under the harmless error standard of Neder or the more stringent Parker standard when assessing the impact of a Sixth Amendment violation