Eighth Circuit Finds A Sentencing Catch-22, Holds Sentencing Enhancement Can’t Apply

For some clever lawyering, check out this Eighth Circuit (2-1) decision. In 2024, the Supreme Court held in Erlinger v. United States, that for a certain enhanced mandatory minimum to apply, a jury, not a judge, must find the predicate facts about a prior serious drug conviction. But a statute, 21 U.S.C. § 851, says a defendant can ask those facts to be found by a judge. Defense: So that means no one can make the finding, and the enhancement can't apply! Gov't: That seems like it should be wrong. Eighth Circuit: Defense is right! Dissent: Too clever by half. We should just remand to a jury.

The case is United States v. Evans, No. 25-1181 (8th Cir.,  May 12, 2026).