United States v. Anthony J. Smalley, 294 F.3d 1030 (8th Cir. 2002). · Go Syfert
United States v. Anthony J. Smalley, 294 F.3d 1030 (8th Cir. 2002). Cases Citing This Book View Copy Cite
223 citation events (223 in the last 25 years) across 35 distinct courts.
Strongest positive: Mobassa Boyd v. Anthony C. Newland, Warden (ca9, 2006-06-26) · Strongest negative: State v. Benenati (arizctapp, 2002-09-03)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" State v. Benenati
Ariz. Ct. App. · 2002 · signal: but see · confidence high
See United States v. Tighe, 266 F.3d 1187 (9th Cir.2001) (trial court violated defendant’s right to jury trial under Apprendi by enhancing his sentence because of prior juvenile delinquency adjudication that had been neither accompanied by right to jury trial nor subject to proof-beyond-a-reasonable-doubt standard); but see United States v. Smalley, 294 F.3d 1030 (8th Cir.2002) (juvenile adjudication sufficiently reliable for Apprendi purposes if accompanied by required procedural safeguards); State v. Hitt, 42 P.3d 732, 740 (Kan. 2002) (“Juvenile adjudications are included within the hist…
examined Cited as authority (verbatim quote) Mobassa Boyd v. Anthony C. Newland, Warden
9th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
we therefore conclude that juvenile adjudications can rightly be characterized as 'prior convictions' for apprendi purposes, and that the district court did not err in increasing the defendant's sentence based on his prior juvenile adjudications.
examined Cited as authority (verbatim quote) State of Arizona v. Victor David Rodriguez
Ariz. Ct. App. · 2003 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
juvenile adjudications can rightly be characterized as 'prior convictions' for apprendi purposes," and "district court did not err in increasing defendant's sentence based on his prior juvenile adjudications
examined Cited as authority (rule) State v. Hand (Slip Opinion) (3×) also: Cited "see, e.g."
Ohio · 2016 · confidence medium
Therefore, because juvenile adjudications are reliable, they are not subject to the Apprendi rule”); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002) (“We therefore conclude that juvenile adjudications can rightly be characterized as ‘prior convictions’ for Apprendi purposes”); United States v. Burge, 407 F.3d 1183, 1191 (11th Cir.2005), quoting Jones, 332 F.3d at 696 (“Accordingly, ‘[a] prior nonjury juvenile adjudication that was afforded all constitutionally-required procedural 19 SUPREME COURT OF OHIO safeguards can properly be characterized as a prior conviction …
examined Cited as authority (rule) United States v. William Gauld (3×) also: Cited "see"
8th Cir. · 2016 · confidence medium
Gauld reads Woodard narrowly as addressing only whether a juvenile adjudication may constitute a prior conviction for Apprendi purposes, an issue we analyzed at length in United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002).
discussed Cited as authority (rule) Commonwealth v. Bonner
Pa. Super. Ct. · 2016 · confidence medium
United States v. Wright, 594 F.3d 259, 264-265 (4th Cir.2010); United States v. Crowell, 493 F.3d 744, 750 (6th Cir.2007); United States v. Burge, 407 F.3d 1183, 1190 (11th Cir.2005); United States v. Jones, 332 F.3d 688, 696 (3d Cir.2003); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002); Washington v. Weber, 159 Wash.2d 252 , 149 P.3d 646, 652-653 (2006); Ryle v. Indiana, 842 N.E.2d 320 (Ind.2005); Kansas v. Hitt, 273 Kan. 224 , 42 P.3d 732 (2002).
discussed Cited as authority (rule) People v. Jones
Ill. App. Ct. · 2015 · confidence medium
As the Eighth Circuit Court of Appeals described the issue: “[W]hile the Court established what constitutes sufficient procedural safeguards (a right to jury trial and proof beyond a reasonable doubt), and what does not (judge-made findings under a lesser standard of proof), the Court did not take a position on possibilities that lie in between these two poles.” United States v. Smalley, 294 F.3d 1030, 1032 (8th Cir. 2002). ¶ 28 The precise set of due process safeguards required in the adjudicatory phase of juvenile proceedings was largely established through a series of Supreme Court cas…
discussed Cited as authority (rule) People v. Jones
Ill. App. Ct. · 2015 · confidence medium
As the Eighth Circuit Court of Appeals described the issue: "[W]hile the Court established what constitutes sufficient procedural safeguards (a right to jury trial and proof beyond a reasonable doubt), and what does not (judge-made findings under a lesser standard of proof), the Court did not take a position on possibilities that lie in between these two poles." United States v. Smalley, 294 F.3d 1030, 1032 (8th Cir. 2002). ¶ 28 The precise set of due process safeguards required in the adjudicatory phase of juvenile proceedings was largely established through a series of Supreme Court cases d…
discussed Cited as authority (rule) People v. Jones
Ill. App. Ct. · 2015 · confidence medium
As the Eighth Circuit Court of Appeals described the issue: "[W]hile the Court established what constitutes sufficient procedural safeguards (a right to jury trial and proof beyond a reasonable doubt), and what does not (judge-made findings under a lesser standard of proof), the Court did not take a position on possibilities that lie in between these two poles." United States v. Smalley, 294 F.3d 1030, 1032 (8th Cir. 2002). ¶ 28 The precise set of due process safeguards required in the adjudicatory phase of juvenile proceedings was largely established through a series of Supreme Court cases d…
discussed Cited as authority (rule) State v. Hand
Ohio Ct. App. · 2014 · confidence medium
Compare Tighe (holding the use of juvenile adjudications without right to jury trial violates due process of law under Apprendi), and State v. Brown, 879 2 Unlike Craver, we have not reviewed a transcript of Hand’s juvenile court proceeding because no such transcript is part of the record on appeal. –5– So.2d 1276, 1290 (La. 2004) (same), with United States v. Burge, 407 F.3d 1183, 1191 (11th Cir. 2005); United States v. Jones, 332 F.3d 688, 696 (3d Cir. 2003); and United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir. 2002). {¶ 11} Each of the above cited cases were decided before All…
discussed Cited as authority (rule) State v. Parker (2×)
Ohio Ct. App. · 2012 · confidence medium
See United States v. Matthews, 498 F.3d 25, 34 (1st Cir.2007); United States v. Jones, 332 F.3d 688, 696 (3d Cir.2003); United States v. Wright, 594 F.3d 259 (4th Cir.2010); United States v. Crowell, 493 F.3d 744, 750 (6th Cir.2007); Welch v. United States, 604 F.3d 408, 426 (7th Cir.2010); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002); United States v. Burge, 407 F.3d 1183, 1190-1191 (11th Cir.2005). {¶21} In Crowell, Crowell asserted that, even if the court found he had a juvenile adjudication for a “violent felony,” using that finding as a predicate offense for purposes …
discussed Cited as authority (rule) United States v. Rodney Pettigrew
8th Cir. · 2012 · confidence medium
In United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002), we concluded although “a jury does not have a role in trials for juvenile offenses, we do not think that this fact undermines the reliability of such adjudications in any significant way.” We therefore held juvenile adjudications may properly be counted as “prior convictions” for ACCA purposes.
discussed Cited as authority (rule) United States v. Francis Woodard (2×)
8th Cir. · 2012 · confidence medium
Id. at 1031-32.
examined Cited as authority (rule) Welch v. United States (6×)
7th Cir. · 2010 · confidence medium
The Eighth Circuit noted that "while the Court established what constitutes sufficient procedural safeguards (a right to jury trial and proof beyond a reasonable doubt), and what does not (judge-made findings under a lesser standard of proof), the Court did not take a position on possibilities that lie in between these two poles." United States v. Smalley, 294 F.3d 1030, 1032 (8th Cir.2002).
discussed Cited as authority (rule) United States v. Deandrade
S.D.N.Y. · 2008 · confidence medium
In United States v. Smalley, 294 F.3d 1030 (8th Cir.2002) the Eighth Circuit disagreed with the Tighe decision because “juvenile defendants have the right to notice, the right to counsel, the right to confront and cross-examine witnesses, and the privilege against self-incrimination,” and that a “judge in a juvenile proceeding, moreover, must find guilt beyond a reasonable doubt before he or she can convict.” Id. at 1032-33.
discussed Cited as authority (rule) Gardner v. McKune
10th Cir. · 2007 · confidence medium
But see United States v. Burge, 407 F.3d 1183, 1187-91 (11th Cir.2005) (holding that juvenile conviction may be considered as “prior convictions” under Apprendi); United States v. Jones, 332 F.3d 688, 694-96 (3d Cir.2003) (same); United States v. Smalley, 294 F.3d 1030, 1031-33 (8th Cir.2002) (same).
discussed Cited as authority (rule) United States v. Crowell (2×) also: Cited "see, e.g."
6th Cir. · 2007 · confidence medium
Crowell contends that a prior juvenile, nonjury adjudication does not qualify as a “prior conviction” for purposes of the Apprendi exception, and therefore such an adjudication cannot later be used for sentencing “without affording the defendant Apprendi rights.” Crowell relies exclusively on the Ninth Circuit’s decision in United States v. Tighe, 266 F.3d 1187, 1194 (9th Cir. 2001), to support No. 06-5902 United States v. Crowell Page 5 this proposition, though he acknowledges that both the Third and Eighth Circuits have rejected Tighe.4 See United States v. Jones, 332 F.3d 688, 696…
discussed Cited as authority (rule) United States v. Crowell (2×) also: Cited "see, e.g."
6th Cir. · 2007 · confidence medium
Crowell contends that a prior juvenile, nonjury adjudication does not qualify as a “prior conviction” for purposes of the Apprendi exception, and therefore such an adjudication cannot later be used for sentencing “without affording the defendant Apprendi rights.” Crowell relies exclusively on the Ninth Circuit’s decision in United States v. Tighe, 266 F.3d 1187, 1194 (9th Cir.2001), to support this proposition, though he acknowledges that both the Third and Eighth Circuits have rejected Tighe . 4 See United States v. *750 Jones, 332 F.3d 688, 696 (3d Cir.2003) (finding juvenile adjud…
discussed Cited as authority (rule) United States v. Timothy D. Wilburn, Sr.
7th Cir. · 2007 · confidence medium
Compare United States v. Burge, 407 F.3d 1183, 1190 (11th Cir.2005) (holding that juvenile convictions, including those where there was no right to a jury, may be considered for ACCA purposes); United States v. Jones, 332 F.3d 688, 694-96 (3d Cir.2003) (same); United States v. Smalley, 294 F.3d 1030, 1031-32 (8th Cir.2002) (same); with United States v. Tighe, 266 F.3d 1187, 1192-95 (9th Cir.2001) (holding that the “prior conviction” exception does not include nonjury juvenile adjudications).
discussed Cited as authority (rule) United States v. Wilburn, Timothy D.
7th Cir. · 2007 · confidence medium
Compare United States v. Burge, 407 F.3d 1183, 1190 (11th Cir. 2005) (holding that juvenile convictions, including those where there was no right to No. 05-4073 7 a jury, may be considered for ACCA purposes); United States v. Jones, 332 F.3d 688, 694-96 (3d Cir. 2003) (same); United States v. Smalley, 294 F.3d 1030, 1031-32 (8th Cir. 2002) (same); with United States v. Tighe, 266 F.3d 1187, 1192-95 (9th Cir. 2001) (holding that the “prior conviction” exception does not include nonjury juvenile adjudications).
discussed Cited as authority (rule) State v. Weber (2×)
Wash. · 2006 · confidence medium
See, e.g., United States v. Jones, 332 F.3d 688, 696 (3d Cir.2003) (juvenile proceedings provide sufficient procedural safeguards to qualify under the prior conviction exception), cert. denied, 540 U.S. 1150 , 124 S.Ct. 1145 , 157 L.Ed.2d 1044 (2004); United States v. Smalley, 294 F.3d 1030, 1032-33 (8th Cir.2002) (juvenile adjudications are prior convictions for Apprendi purposes); United States v. Burge, 407 F.3d 1183, 1190 (11th Cir.) (holding, based on Jones and Smalley , that juvenile adjudications provide sufficient procedural safeguards to qualify as prior conviction), cert. denied, ___…
discussed Cited as authority (rule) State v. Weber (2×)
Wash. · 2006 · confidence medium
See, e.g., United States v. Jones, 332 F.3d 688, 696 (3d Cir. 2003) (juvenile proceedings provide sufficient procedural safeguards to qualify under the prior conviction exception), cert. denied, 540 U.S. 1150 (2004); United States v. Smalley, 294 F.3d 1030, 1032-33 (8th Cir. 2002) (juvenile adjudications are prior convictions for Apprendi purposes); United States v. Burge, 407 F.3d 1183, 1190 (11th Cir.) (holding, based on Jones and Smalley , that juvenile adjudications provide sufficient procedural safeguards to qualify as prior conviction), cert. denied, 546 U.S. 981 (2005); People v. Superi…
discussed Cited as authority (rule) Boyd v. Newland
9th Cir. · 2006 · confidence medium
United States v. Burge, 407 F.3d 1183, 1190-91 (11th Cir.) (holding that a juvenile adjudication may be used as a “prior conviction” for Appren-di purposes), cert. denied, — U.S. —, 126 S.Ct. 551 , 163 L.Ed.2d 467 (2005); United States v. Jones, 332 F.3d 688, 696 (3d Cir.2003) (stating that “we find nothing in Apprendi or Jones , two cases relied upon by the Tighe court ..., that requires us to hold that prior nonjury juvenile adjudications that afforded all required due process safeguards cannot be used to enhance a sentence”); United States v. Smalley, 294 F.3d 1030, 1033 (8th Ci…
discussed Cited as authority (rule) State v. Kuhlman
Wash. Ct. App. · 2006 · confidence medium
See United States v. Burge, 407 F.3d 1183, 1187-91 (11th Cir.2005), cert. denied, ___ U.S. ___, 126 S.Ct. 551 , 163 L.Ed.2d 467 (2005); United States v. Jones, 332 F.3d 688, 696 (3rd Cir.2003), cert. denied, 540 U.S. 1150 , 124 S.Ct. 1145 , 157 L.Ed.2d 1044 (2004); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002).
discussed Cited as authority (rule) State v. Kuhlman
Wash. Ct. App. · 2006 · confidence medium
See United States v. Burge, 407 F.3d 1183, 1187-91 (11th Cir.), cert. denied, 546 U.S. 981 (2005); United States v. Jones, 332 F.3d 688, 696 (3d Cir. 2003), cert. denied, 540 U.S. 1150 (2004); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir. 2002).
discussed Cited as authority (rule) State v. Fagan (2×)
Conn. · 2006 · confidence medium
Cf. United States v. Tighe, 266 F.3d 1187, 1194 (9th Cir.2001) (concluding that "`prior conviction' exception to Apprendi 's general rule must be limited to prior convictions that were themselves obtained through proceedings that included the right to a jury trial and proof beyond a reasonable doubt " [emphasis added]); State v. Brown, 879 So.2d 1276, 1290 (La. 2004) (concluding that juvenile adjudication does not fall within prior conviction exception because it "is not established through a procedure guaranteeing a jury trial"); but cf. United States v. Jones, 332 F.3d 688, 696 (3d Cir.2003)…
examined Cited as authority (rule) State v. McFee (4×)
Minn. · 2006 · confidence medium
Ultimately, according to the majority, “the question of whether juvenile adjudications should be exempt from Ap- prendi’s general rule should not turn on the narrow parsing of words, but on an examination of whether juvenile adjudications, like adult convictions, are so reliable that due process of law is not offended by such an exemption.” United States v. Smalley, 294 F.3d 1030, 1032-33 (8th Cir.2002).
discussed Cited as authority (rule) People v. Mazzoni
Colo. Ct. App. · 2006 · confidence medium
See United States v. Burge, 407 F.3d 1183, 1191 (11th Cir.2005); United States v. Jones, 332 F.3d 688, 696 (3d Cir.2003); United States v. Smalley, 294 F.3d 1030, 1032-33 (8th Cir.2002); People v. Lee, 111 Cal.App.4th 1310 , 4 Cal.Rptr.3d 642, 647 (2008); Ryle v. State, supra, 842 N.E.2d at 323; State v. Hitt, supra, 42 P.3d at 732 ; State v. Weber, 127 Wash.App. 879 , 112 P.3d 1287, 1294 (2005)(review granted Jan. 31, 2006).
discussed Cited as authority (rule) People v. Palmer
Cal. Ct. App. · 2006 · confidence medium
(See U.S. v. Burge (11th Cir. 2005) 407 F.3d 1183, 1190 ; U.S. v. Jones (3rd Cir. 2003) 332 F.3d 688, 695-696 ; U.S. v. Smalley (8th Cir. 2002) 294 F.3d 1030, 1032-1033 [“juvenile adjudications, like adult convictions, are so reliable that due process of law is not offended by ... an exemption [from Apprendi’s general rule]” since “juvenile defendants have the right to notice, the right to counsel, the right to confront and cross-examine witnesses, and the privilege against self-incrimination” and “[a] judge in a juvenile proceeding, moreover, must find guilt beyond a reasonable do…
discussed Cited as authority (rule) United States v. Russell D. Kirkland
8th Cir. · 2006 · confidence medium
In United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002), we held the Missouri juvenile system contains reliable due process safeguards, thus “juvenile adjudications can rightly be characterized as ‘prior convictions’ for Apprendi 2 purposes.” Regarding Kirkland’s specific case, he offers no evidence he was not afforded due process protections.
discussed Cited as authority (rule) United States v. Russell Kirkland
8th Cir. · 2006 · confidence medium
In United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir. 2002), we held the Missouri juvenile system contains reliable due process safeguards, thus “juvenile adjudications can rightly be characterized as ‘prior convictions’ for Apprendi2 purposes.” Regarding Kirkland’s specific case, he offers no evidence he was not afforded due process protections.
discussed Cited as authority (rule) United States v. Emerson
D. Me. · 2006 · confidence medium
Congress explicitly "characterized juvenile adjudications as 'prior convictions' under the ACCA.” United States v. Smalley, 294 F.3d 1030, 1031 (8th Cir.2002); United States v. Tighe, 266 F.3d 1187, 1191 (9th Cir.2001) ("Congress has declared that juvenile delinquency adjudications involving violent felonies may ... qualify as predicate 'convictions' under ACCA.”); 18 U.S.C. § 924 (e)(2)(B), (C).
discussed Cited as authority (rule) United States v. Dais
4th Cir. · 2006 · confidence medium
See, e.g., United States v. Burge, 407 F.3d 1183, 1190-91 (11th Cir.2005); United States v. Jones, 332 F.3d 688 (3d Cir.2003); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir. 2002); United States v. Wright, 48 F.3d 254, 256 (7th Cir.1995).
discussed Cited as authority (rule) United States v. Nicholas R. Dieken
8th Cir. · 2006 · confidence medium
See United States v. Booker, 125 S. Ct. 738, 756 (2005) (reaffirming the Court's holding that prior convictions are not "facts" that must be decided by a jury for purposes of sentencing); and United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir. 2002), cert. denied, 537 U.S. 1114 (2003) (concluding that juvenile adjudications can rightly be characterized as "prior convictions" for Apprendi purposes). -4- sufficient sentence but not greater than necessary to comply with the purposes of the punishment.
discussed Cited as authority (rule) United States v. Nicholas R. Dieken
8th Cir. · 2006 · confidence medium
See United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005) (reaffirming the Court’s holding that prior convictions are not "facts” that must be decided by a jury for purposes of sentencing); and United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002), cert. denied, 537 U.S. 1114 , 123 S.Ct. 870 , 154 L.Ed.2d 790 (2003) (concluding that juvenile adjudications can rightly be characterized as "prior convictions” for Apprendi purposes). 3 .
discussed Cited as authority (rule) Ryle v. State
Ind. · 2005 · confidence medium
United States v. Burge, 407 F.3d 1183, 1187-91 (11th Cir.2005)(defendant received all constitutional protections due in his pri- or juvenile adjudication), cert. denied, -- U.S. --, 126 S.Ct. 551 , 163 L.Ed.2d 467 (2005); United States v. Jones, 332 F.3d 688, 694-96 (3d Cir.2003)(prior non-jury juvenile adjudication with all constitutionally-required procedural safeguards is a *322 prior conviction for Apprendi purposes), cert. denied, 540 U.S. 1150 , 124 S.Ct. 1145 , 157 L.Ed.2d 1044 (2004); United States v. Smalley, 294 F.3d 1030, 1031-33 (8th Cir.2008)(district court justified in considerin…
discussed Cited as authority (rule) State v. Mounts
Wash. Ct. App. · 2005 · confidence medium
See Shepard v. United States, ___ U.S. ___, 125 S.Ct. 1254, 1264 , 161 L.Ed.2d 205 (2005) (Thomas, J., concurring in part and concurring in the judgment) (noting that Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998) "has been eroded by this Court's subsequent Sixth Amendment jurisprudence, and a majority of the Court now recognizes that Almendarez-Torres was wrongly decided"). [11] United States v. Jones, 332 F.3d 688, 695-96 (3rd Cir.2003), cert. denied, 540 U.S. 1150 , 124 S.Ct. 1145 , 157 L.Ed.2d 1044 (2004); United States v. Smalley, 294 F.3d 1030,…
discussed Cited as authority (rule) State v. Mounts
Wash. Ct. App. · 2005 · confidence medium
United States v. Jones, 332 F.3d 688, 695-96 (3d Cir. 2003), cert. denied, 540 U.S. 1150 (2004); United States v. Smalley, 294 F.3d 1030, 1032-33 (8th Cir. 2002), cert. denied, 537 U.S. 1114 (2003); United States v. Burge, 407 F.3d 1183, 1190 (11th Cir. 2005); People v. Lee, 111 Cal. App. 4th 1310, 1316 , 4 Cal. Rptr. 3d 642 (2003), cert. denied, 542 U. S. 906 (2004); Nichols v. State, 910 So. 2d 863, 865 (Fla. Dist.
discussed Cited as authority (rule) Nichols v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
See United States v. Burge, 407 F.3d 1183 (11th Cir.2005) (discussing the courts that have declined to follow the majority rational of Tighe ); United States v. Jones, 332 F.3d 688, 696 (3d Cir.2003) (rejecting the majority's rational in Tighe , and holding that prior juvenile adjudications are prior convictions under Apprendi ); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002) (same).
discussed Cited as authority (rule) Mobassa Boyd v. Anthony C. Newland, Warden
9th Cir. · 2004 · confidence medium
United States v. Jones, 332 F.3d 688, 696 (3d Cir.2003) (stating that “we find nothing in Apprendi or Jones , two cases relied upon by the Tighe court ..., that requires us to hold that prior nonjury juvenile adjudications that afforded all required due process safeguards cannot be used to enhance a sentence”), cert. denied, 540 U.S. 1150 , 124 S.Ct. 1145 , 157 L.Ed.2d 1044 (2004); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002) (“We therefore conclude that juvenile adjudications can rightly be characterized as ‘prior convictions’ for Apprendi purposes, and that the dist…
discussed Cited as authority (rule) Ryle v. State (2×)
Ind. Ct. App. · 2004 · confidence medium
See Jones, 382 F.8d at 698 (rejecting defendant's contention that Apprendi requires holding that prior non-jury juvenile adjudications that afforded all required due process safeguards cannot be used to enhance sentence under Armed Career Criminal Act); Smalley, 294 F.3d at 1033 (concluding juvenile adjudications can be characterized as "prior convictions" for Apprendi purposes and, thus, district court did not err when it enhanced defendant's sentence based on prior juvenile convictions); Hitt, 42 P.3d at 786 (holding Apprendi exception for prior convictions encompasses juvenile adjudications…
discussed Cited as authority (rule) Morris v. United States
7th Cir. · 2004 · confidence medium
In United States v. Jones, 332 F.3d 688, 695-96 (3d Cir.2003), and United States v. Smalley, 294 F.3d 1030, 1032-33 (8th Cir.2002), those courts concluded that juvenile adjudications qualify as ACCA predicates so long as they meet the due process requirements for juvenile proceedings, which include proving the juvenile guilty beyond a reasonable doubt, In re Winship, 397 U.S. 358, 368 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), but not trial by jury, McKeiver v. Pennsylvania, 403 U.S. 528, 547 , 91 S.Ct. 1976 , 29 L.Ed.2d 647 (1971) (plurality opinion).
discussed Cited as authority (rule) United States v. Kenny Bevard
8th Cir. · 2002 · confidence medium
In Smalley , we held “juvenile adjudications can rightly be characterized as ‘prior convictions’ for Apprendi purposes, and ... the district court did not err in increasing [the defendant’s] sentence [under the ACCA] based on his prior juvenile adjudications.” Id. at 1033.
cited Cited "see" United States v. David Emmert, Jr.
8th Cir. · 2016 · signal: see · confidence high
See United States v. Smalley, 294 F.3d 1030, 1031 (8th Cir. 2002).
cited Cited "see" United States v. Scott
8th Cir. · 2010 · signal: see · confidence high
See United States v. Smalley, 294 F.3d 1030, 1032-33 (8th Cir.2002).
discussed Cited "see" United States v. Wright (2×)
4th Cir. · 2010 · signal: see · confidence high
See U.S. v. Smalley, 294 F.3d 1030, 1033 (8th Cir.2002) (“We therefore conclude that juvenile adjudications can rightly be characterized as ‘prior convictions’ for Apprendi purposes, and that the district court did not err in increasing [the defendant’s] sentence based on his prior juvenile adjudications.”); U.S. v. Crowell, 493 F.3d 744, 749-51 (6th Cir.2007) (same); U.S. v. Burge, 407 F.3d 1183, 1187-91 (11th Cir.2005) (same); U.S. v. Jones, 332 F.3d 688, 696 (3d Cir.2003) (same).
discussed Cited "see" United States v. Matthews (2×)
1st Cir. · 2007 · signal: see · confidence high
See United States v. Smalley, 294 F.3d 1030, 1031-32 (8th Cir.2002) (“[WJhether juvenile adjudications can be characterized as ‘prior convictions’ for Apprendi purposes is a constitutional question implicating [the defendant’s] right not to be deprived of liberty without ‘due process of law,’ and Congress’s characterization, therefore, is not dispositive.”) (citation omitted).
cited Cited "see" United States v. Jones
3rd Cir. · 2003 · signal: see · confidence high
See United States v. Smalley, 294 F.3d 1030 (8th Cir. 2002), cert. denied, 123 S. Ct. 870 (2003).
cited Cited "see" United States v. Lester Jones
3rd Cir. · 2003 · signal: see · confidence high
See United States v. Smalley, 294 F.3d 1030 (8th Cir.2002), ce rt. denied, — U.S. -, 123 S.Ct. 870 , 154 L.Ed.2d 790 (2003).
cited Cited "see, e.g." People v. Jones
Ill. · 2017 · signal: see, e.g. · confidence medium
See, e.g., United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir. 2002).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Anthony J. SMALLEY, Appellant
01-3898.
Court of Appeals for the Eighth Circuit.
Jun 28, 2002.
294 F.3d 1030
2002 U.S. App. LEXIS 12823
2002 WL 1396509
John R. Cullom, argued, Kansas City, MO, for appellant., Paul S. Becker, argued, Asst. U.S. Atty., Kansas City, MO, for appellee.
Hansen, Arnold, Pratt.
Cited by 107 opinions  |  Published
MORRIS SHEPPARD ARNOLD, Circuit Judge.

Anthony Smalley was charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and entered a plea of guilty. The United States then filed a notice that it would seek to enhance Mr. Smalley’s sentence under the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. § 924(e); the district court [2] applied that enhancement and sentenced Mr. Smalley to 15 years of incarceration. Mr. Smalley now appeals, contending that the district court erred because it imposed the enhancement based on his prior juvenile adjudications. Mr. Smalley also asserts that the government breached the terms of its plea agreement with him, and, in so doing, violated his due process rights. We affirm the district court’s sentence.

I.

Under 18 U.S.C. § 924(a)(2), a defendant convicted of being a felon in possession of a firearm can be sentenced to a maximum of 10 years in prison if he or she has not been previously convicted of violent felonies or serious drug offenses. The ACCA, however, mandates a minimum sentence of 15 years for anyone convicted of being a felon in possession of a firearm if he or she has three previous convictions for a violent felony or a serious drug offense. See 18 U.S.C. § 924(e). The district court increased Mr. Smalley’s sentence from the prescribed statutory maximum of 10 years to 15 years based, in part, on Mr. Smalley’s prior juvenile adjudications.

In Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the Supreme Court stated that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” The question before us is whether juvenile adjudications can be characterized as prior convictions as that term is used in Appren-di. If so, it follows that they can be used to increase the penalty for a crime beyond the prescribed statutory maximum without being submitted and proved to a jury. See United States v. Campbell, 270 F.3d 702, 708 (8th Cir.2001), cert. denied, — U.S. -, 122 S.Ct. 1339, 152 L.Ed.2d 243 (2002).

As an initial matter, we note that Congress characterized juvenile adjudications as "prior convictions” under the ACCA. See 18 U.S.C. § 924(e)(2)(B), (e)(2)(C). But the issue of whether juve[*1032] nile adjudications can be characterized as “prior convictions” for Apprendi purposes is a constitutional question implicating Mr. Smalley’s right not to be deprived of liberty without “ ‘due process of law,’ ” see Apprendi 530 U.S. at 476, 120 S.Ct. 2348 (quoting U.S. Const. amend. XIV, § 1), and Congress’s characterization, therefore, is not dispositive.

We have discovered only one federal case that has addressed the constitutional issue of whether juvenile adjudications can properly be characterized as prior convictions for Apprendi purposes. See United States v. Tighe, 266 F.3d 1187 (9th Cir.2001). In holding that they cannot, the Tighe court relied heavily on the following language in Jones v. United States, 526 U.S. 227, 249, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999): “One basis for [the] possible constitutional distinctiveness [of prior convictions] is not hard to see: unlike any other consideration used to enlarge the possibility for an offense ... a prior conviction must itself have been established through procedures satisfying fair notice, reasonable doubt, and jury trial guarantees.” See Tighe, 266 F.3d at 1193-94. It reasoned that because juveniles are not afforded the right to a jury trial, juvenile proceedings are not subject to the “fundamental triumvirate of procedural protections” identified in Jones as guaranteeing reliability and thus did not fall within the “prior conviction” exception to Apprendi’s general rule. See id. at 1193-94.

We respectfully disagree with the Tighe court’s conclusion. The Supreme Court stated in Apprendi that prior convictions are excluded from the general rule because of the “certainty that procedural safeguards,” such as trial by jury and proof beyond a reasonable doubt, under-gird them. Apprendi, 530 U.S. at 488, 120 S.Ct. 2348. The Court.went on to state that “there is a vast difference between accepting the validity of a prior judgment of' conviction entered in a proceeding in which the defendant had the right to a jury trial and the right to require the prosecutor to prove guilt beyond a reasonable doubt,” on the one hand, and accepting the validity of findings of facts by judges that are subject to a lesser standard of proof, on the other. Id. at 496,120 S.Ct. 2348. We think that while the Court established what constitutes sufficient procedural safeguards (a right to jury trial and proof beyond a reasonable doubt), and what does not (judge-made findings under a lesser standard of proof), the Court did not take a position on possibilities that lie in between these two poles. In other words, we think that it is incorrect to assume that it is not only sufficient but necessary that the “fundamental triumvirate of procedural protections,” as the Ninth Circuit put it, underly an adjudication before it can qualify for the Apprendi exemption.

We do not think, moreover, that Jones meant to define the term “prior conviction” for constitutional purposes as a conviction “that has been established through procedures satisfying fair notice, reasonable doubt and jury trial guarantees.” 526 U.S. at 249, 119 S.Ct. 1215. We read Jones instead to mean that if prior convictions result from proceedings outfitted with these safeguards, then they can constitutionally be used to increase the penalty for a crime without those convictions being submitted and proved to a jury. Our confidence in this reading is bolstered by the fact that in explaining the exception for prior convictions, the Apprendi court itself talks about only the right to a jury trial and proof beyond a reasonable doubt. We think it notable, moreover, that Apprendi does not even refer to the language in Jones, quoted above, upon which the Tighe court based its conclusion.

In any case, we conclude that the question of whether juvenile adjudications[*1033] should be exempt from Apprendi’s general rule should not turn on the narrow parsing of words, but on an examination of whether juvenile adjudications, like adult convictions, are so reliable that due process of law is not offended by such an exemption. We believe that they are.

For starters, juvenile defendants have the right to notice, the right to counsel, the right to confront and cross-examine witnesses, and the privilege against self-incrimination. See In re Winship, 397 U.S. 358, 368, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). A judge in a juvenile proceeding, moreover, must find guilt beyond a reasonable doubt before he or she can convict. See id. We think that these safeguards are more than sufficient to ensure the reliability that Apprendi requires. This conclusion finds at least some support in those cases, in both our circuit and the Ninth Circuit, that hold that juvenile sentences may be used to enhance a defendant’s sentence within a prescribed statutory range. See United States v. Early, 77 F.3d 242, 244-45 (8th Cir.1996) (per curiam); United States v. Williams, 891 F.2d 212, 214-15 (9th Cir.1989), cert. denied, 494 U.S. 1037, 110 S.Ct. 1496, 108 L.Ed.2d 631 (1990). Finally, while we recognize that a jury does not have a role in trials for juvenile offenses, we do not think that this fact undermines the reliability of such adjudications in any significant way because we think that the use of a jury in the juvenile context would “not strengthen greatly, if at all, the fact-finding function” and is not constitutionally required. See McKeiver v. Pennsylvania, 403 U.S. 528, 547, 91 S.Ct. 1976, 29 L.Ed.2d 647 (1971) (plurality opinion).

We therefore conclude that juvenile adjudications can rightly be characterized as “prior convictions” for Apprendi purposes, and that the district court did not err in increasing Mr. Smalley’s sentence based on his prior juvenile adjudications.

II.

Mr. Smalley also argues that the government violated his due process rights by breaching its plea agreement with him. We agree, however, with the district court’s conclusion that there was no plea agreement to breach. Unlike the situation in Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), the government in this case never promised to make a specific sentencing recommendation to the court, nor did it promise, moreover, not to use subsequently discovered evidence for sentencing purposes. Even if we were to accept Mr. Smalley’s assertion that there was a plea agreement here and that the government breached it, which we do not, the Supreme Court has held that permitting a defendant to re-plead when the government breaches such an agreement is “within the range of constitutionally appropriate remedies,” See Mabry v. Johnson, 467 U.S. 504, 510 n. 11, 104 S.Ct. 2543, 81 L.Ed.2d 437 (1984) (citing Santobello, 404 U.S. at 262-63, 92 S.Ct. 495). The district court gave Mr. Smalley the opportunity to withdraw his guilty plea after it was brought to his attention that the government would be recommending a sentence enhancement under the ACCA, and he chose not to do so. We believe, therefore, that there was no violation of his due process rights.

We think that what occurred in this case can, at most, properly be characterized as a violation of Federal Rule of Criminal Procedure 11. Rule 11(c)(1) provides, inter alia, that the court must make the defendant aware of the minimum and maximum penalty provided by law before the defendant pleads guilty. The district court determined that Mr. Smalley had not been correctly informed of the penalty to which he might be subject under the ACCA, and that his first plea was therefore invalid. The district court then pro[*1034] vided Mr. Smalley with an opportunity to withdraw his guilty plea, a remedy that is consistent with our case law. See United States v. Cammisano, 599 F.2d 851, 855 (8th Cir.1979). In short, Mr. Smalley was afforded the proper remedy for the unintentional violation of Rule 11.

III.

In sum, we believe that the district court was justified in considering Mr. Smalley’s juvenile adjudications in sentencing him and that Mr. Smalley’s due process rights were not violated because he was afforded the opportunity to withdraw his plea. We therefore affirm the district court’s sentence.

2

. The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.