Deonte Womack v. United States

The Eighth Circuit Court of Appeals determined that where 18 U.S.C. § 1591(b)(1) was neither charged nor submitted to the jury in a prosecution under U.S.C. § 1591(a)(1), Petitioner was still subject to the 34 point offense level for a “under U.S.S.G. § 2G1.1(a)(1) which provides for an increase from a base level 14 where “the offense of conviction is 18 U.S.C. § 1591(b)(1). Petitioner submits for review the question of whether this is a correct reading of both the sentencing guideline and statute, and whether the Circuit’s ruling creates a separate issue under Alleyne v. United States by imposing a penalty based on a finding not submitted to the jury.

The Eighth Circuit Court of Appeals quotes language that appears to come from government pretrial disclosures in its determination of sufficiency of the evidence. Petitioner submits that this is in error and contrary to both this Court’s case law, the Federal Rules of Criminal Procedure, and Sixth Amendment due process and requests either certiorari or summary reversal on this issue.