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Austin Kyle Lee v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-4299 · judgment April 30, 2024
Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, and a dissent in the court below.
Questions presented
Petitioner Austin Lee was sentenced for drug offenses based on a statutory enhancement, revised under the First Step Act of 2018, for defendants with a prior conviction for a “serious drug felony.” Despite the government’s request that three factual predicates for the enhancement be submitted to a jury, the district court made the necessary factual findings itself. On appeal, the government conceded error under Apprendi. But the court of appeals nevertheless affirmed, concluding that any error in the district court’s treatment of two of the factual predicates was “harmless” under Neder v. United States, 527 U.S. 1 (1999), and that the third predicate fell within a narrow exception to Apprendi under AlmendarezTorres v. United States, 523 U.S. 224 (1998). The questions presented are as follows:
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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).
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Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998), should be overruled.
Counsel of record
For petitioner
Jonathan Yates Ellis
McGuireWoods LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
24A66
Order
Order list, November 4, 2024 · Certiorari denied
Proceedings
- Nov 04 2024Petition DENIED.
- Oct 16 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 10 2024Waiver of right of respondent United States to respond filed.
- Sep 27 2024Petition for a writ of certiorari filed. (Response due October 31, 2024)
- Jul 23 2024Application (24A66) granted by The Chief Justice extending the time to file until September 27, 2024.
- Jul 15 2024Application (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.