USA v. Lynell Guyton
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed in Part
The Third Circuit largely upheld Lynell Guyton’s federal convictions and 360-month sentence for fentanyl-trafficking, firearms, and money-laundering offenses. It held the evidence insufficient to support one felon-in-possession count, vacated that count, and remanded for entry of a judgment of acquittal, but rejected challenges to jury instructions, an alleged constructive indictment amendment, and the § 851 recidivist enhancements.
Circuit Split Identified
Legal Issue
What standard of appellate review applies when a defendant fails to object to a district court’s omission of the § 851(b) colloquy—plain-error or harmless-error review?
Circuit Positions
Plain-error review applies to unpreserved § 851(b) colloquy errors.
Harmless-error review applies to unpreserved § 851(b) colloquy errors.
Conflict Summary
The D.C. Circuit treats an unpreserved failure to conduct a § 851(b) colloquy as subject to harmless-error review, while the Ninth Circuit (and now the Third Circuit) apply plain-error review under Fed. R. Crim. P. 52(b).