Thank You For Submiting Feedback!
18 U.S.C.S. § 3583(k) violates the Fifth and Sixth Amendments.
Respondent Andre Haymond was convicted of possessing child pornography, a crime that carries a prison term of zero to 10 years. After serving a prison sentence of 38 months, and while on supervised release, Mr. Haymond was again found with what appeared to be child pornography. The government sought to revoke his supervised release and secure a new and additional prison sentence. A district judge, acting without a jury, found by a preponderance of the evidence that Mr. Haymond knowingly downloaded and possessed child pornography. Under 18 U. S. C. §3583(e)(3), the judge could have sentenced him to a prison term of between zero and two additional years. But because possession of child pornography is an enumerated offense under §3583(k), the judge instead imposed that provision's 5-year mandatory minimum. On appeal, the Tenth Circuit observed that whereas a jury had convicted Mr. Haymond beyond a reasonable doubt of a crime carrying a prison term of zero to 10 years, this new prison term included a new and higher mandatory minimum resting on facts found only by a judge by a preponderance of the evidence. The Tenth Circuit therefore held that §3583(k) violated the right to trial by jury guaranteed by the Fifth and Sixth Amendments.
Did 18 U.S.C.S. § 3583(k)--requiring federal judges to revoke supervised release and impose minimum prison term for persons required to register under Sex Offender Registration and Notification Act who committed certain crimes--violate Federal Constitution?
In a plurality decision, the court held that the application of 18 U.S.C.S. § 3583(k)'s mandatory minimum was deemed unconstitutional because it violated Haymond’s right to trial by jury under the Fifth and Sixth Amendments.