Fredrick Devone Flemming v. United States
DueProcess FifthAmendment JusticiabilityDoctri
Whether the Almendarez-Torres 'prior conviction' exception to the Sixth Amendment should be expanded to include prior juvenile delinquency adjudications
question presented, on which the federal appellate courts remain intractably divided, is whether the Almendarez-Torres “prior conviction” exception to the Sixth Amendment, as articulated in Apprendi v. New Jersey, 530 U.S. 466 (2000), should be expanded to include prior juvenile delinquency adjudications. The second question presented, which has been flagged for future consideration by this Court and by the federal appellate courts in numerous published opinions, is whether AlmendarezTorres has been abrogated by this Court’s Sixth Amendment jurisprudence in Apprendi, Blakely v. Washington, 542 U.S. 296, 305-06 (2004), and Alleyne v. United States, 570 U.S. 99, 111 (2018).