Larome Deon Waiters v. United States
DueProcess Punishment
Whether a Florida controlled substances offense that does not require proof of knowledge of the illicit nature of the substance can qualify as a 'serious drug offense' under the Armed Career Criminal Act
QUESTIONS PRESENTED I. Whether a Florida controlled substances offense, which does not require proof that the defendant knew of the illicit nature of the controlled substance, can qualify as a predicate “serious drug offense” under the Armed Career Criminal Act? I. Whether the Sixth Amendment requires that the fact of a defendant’s prior conviction be alleged in the indictment and submitted to a jury if the Government intends to use that prior conviction to trigger a sentencing enhancement that would increase the mandatory minimum penalties that the defendant is facing? III. Whether the Fifth and Eighth Amendments prohibit courts, in imposing sentencing enhancements under the Armed Career Criminal Act or the Career Offender provisions of the United States Sentencing Guidelines, from relying on prior convictions for offenses committed when the defendant was less than 18 years-old? ii