10-20-2006 USA v. Huggins Precedential or Non-Precedential: Precedential Docket No. 05-4054

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "USA v. Huggins" (2006). 2006 Decisions. Paper 258. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/258

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 05-4054

UNITED STATES OF AMERICA

v.

ULYESSIE HUGGINS a/k/a ULYESSIE KITTRELL a/k/a JAY

Ulyessie Huggins, Appellant

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA D.C. Crim. No. 04-cr-00233 District Judge: The Honorable William J. Nealon

Submitted Under Third Circuit LAR 34.1(a) September 12, 2006

Before: SCIRICA, Chief Judge, SLOVITER and BARRY, Circuit Judges

(Opinion filed: October 20, 2006) Todd K. Hinkley, Esq. Office of the United States Attorney 235 North Washington Avenue P.O. Box 309, Suite 311 Scranton, PA 18501 Counsel for Appellee

Jeffrey G. Velander, Esq. 738 Main Street Stroudsburg, PA 18360 Counsel for Appellant

OPINION OF THE COURT

BARRY, Circuit Judge

Appellant, Ulyessie Huggins, appeals from an order of the District Court sentencing him to a mandatory minimum term of 120 months imprisonment pursuant to 21 U.S.C. § 841(b)(1)(B). Because we agree with Huggins that the District Court improperly enhanced his sentence under § 841(b)(1)(B) by considering a juvenile adjudication of delinquency under Pennsylvania law to be a “prior conviction,” we will vacate the judgment of sentence and remand this matter to the District Court for re-sentencing.

I.

Huggins was arrested on June 29, 2004 after selling two grams of crack cocaine to a police informant. At the time of his arrest, he was in possession of an additional twenty-five grams. On July 22, 2004, a federal grand jury returned an eight-count indictment charging Huggins and his co-conspirators with various drug-related offenses. A superseding indictment was returned on September 23, 2004, and Huggins was charged,

2 among other things, with possession with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Pursuant to 21 U.S.C. § 851(a), on November 10, 2004, the Government filed an information notifying Huggins of its intention to seek an enhanced penalty under § 841(b)(1)(B), which calls for a mandatory minimum sentence of ten years for anyone who has committed a violation of that provision “after a prior conviction for a felony drug offense has become final.” The information relied solely on Huggins’ 1999 adjudication of delinquency in Monroe County Juvenile Court.1

On November 15, 2004, Huggins pleaded guilty to possession with intent to distribute five grams or more of cocaine base, and a sentencing hearing was held on May 24, 2005. The District Court determined that the appropriate Guidelines range was 100 to 125 months, and that Huggins’ adjudication of delinquency was a prior conviction under § 841(b)(1)(B). It, therefore, sentenced him to the mandatory minimum term of imprisonment of 120 months. This appeal followed.

We hav