Laquan Kyle Duane Shakespeare v. United States
FifthAmendment JusticiabilityDoctri
Whether Mr. Shakespeare's five-year mandatory minimum revocation term of imprisonment is valid
QUESTIONS PRESENTED 1. Whether Mr. Shakespeare’s five-year mandatory minimum revocation term of imprisonment imposed pursuant to 18 U.S.C. § 3583(k) is valid in light of United States v. Haymond, _U.S._, 139 S.Ct. 2369, 2385 (2019), which declared the statutory provision unconstitutional. 2. Whether, under Marks v. United States, 430 U.S. 188 (1977), Justice Breyer’s Concurrence is the controlling portion of Haymond because it represents the narrowest holding in which a majority of this Court agreed. 3. Whether Mr. Shakespeare, in contrast to defendant in Haymond, additionally incurred a double jeopardy violation because he was convicted of the substantive offense underlying the § 3583(k) revocation and received a consecutive sentence of 293 months imprisonment for that offense. ii