Supreme Court of the United States · Official docket →
Rico Lorodge Brown v. United States
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 21-4253 · judgment April 29, 2025
Question presented
This case presents two important and recurring criminal-law questions, one of which was expressly reserved in Washington v. Recuenco, 548 U.S. 212 (2006). In Recuenco, the Court held that a “judicial factfinding” error under the Apprendi line of cases 1 was not “structural,” meaning that it was subject to harmless-error review. Id. at 220 n.3; see id. at 218-22. But the Court specifically declined to address whether a claim of Apprendi-based “charging error” would likewise be subject to harmless-error review. Id. at 220 n.3. This Court’s continued silence on that question has led to varying opinions on the structural-error question and an entrenched four-way circuit conflict on the nature of harmless-error review in this context (if it applies). This case squarely presents these long-simmering issues. The questions presented are: I. Does the type of error that occurred in this case—sentencing a criminal defendant for an uncharged and untried offense—qualify as structural error under this Court’s precedent? II. If harmless-error review applies, what showing must the government make to carry its harmless-error burden? 1 Apprendi v. New Jersey, 530 U.S. 466 (2000).
Counsel of record
For petitioner
Joshua Brown Carpenter
Federal Public Defender, NCWD
For respondent
D. John Sauer
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
25A31
Order
Order list, November 10, 2025 · Certiorari denied
Proceedings
- Nov 10 2025Petition DENIED.
- Oct 16 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 10 2025Waiver of right of respondent United States of America to respond filed.
- Sep 24 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2025)
- Jul 10 2025Application (25A31) granted by The Chief Justice extending the time to file until September 26, 2025.
- Jul 03 2025Application (25A31) to extend the time to file a petition for a writ of certiorari from July 28, 2025 to September 26, 2025, submitted to The Chief Justice.