US v. Donald Melvin
Split Score
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Case Summary
Disposition
Vacated
The Fourth Circuit vacated Donald Craig Melvin’s 188-month sentence under the Armed Career Criminal Act because the district court allowed the Government to add a new ACCA predicate at the sentencing hearing after failing to raise it within the 14-day objection period required by Federal Rule of Criminal Procedure 32. Concluding that the untimely predicate violated Rule 32 and Fourth Circuit precedent (United States v. Hodge), the court remanded for resentencing without the ACCA enhancement.
Circuit Split Identified
Legal Issue
Whether the Government must designate all ACCA predicate convictions (or timely object to omissions) in the presentence report under Rule 32(f), or may rely on previously-undesignated convictions raised for the first time at (or even after) sentencing so long as the defendant receives some notice and opportunity to respond.
Circuit Positions
Strict enforcement of Rule 32: Government must identify or timely object to all ACCA predicates before the court rules at sentencing; untimely predicates require reversal.
Flexible/notice-based approach: Undesignated predicates may be used if defendant receives sufficient notice and opportunity to contest them before sentence is imposed.
Permissive approach: Government may rely on undesignated predicates even on collateral review to uphold an ACCA sentence.
Conflict Summary
The Fourth Circuit holds that failure to identify or timely object to omitted ACCA predicates before an adverse ruling at sentencing is fatal and requires vacatur, whereas several other circuits permit use of undesignated predicates if the defendant ultimately had adequate notice (Third, Fifth, Seventh, First) or even allow substitution of new predicates on collateral review (Eleventh).