Henderson v. United States

Issue: (1) Whether a prior state disposition resulting in a one-year suspended sentence, which is not appealable or considered a "conviction" under state law, is a "prior conviction" that has "become final" for purposes of the penalty enhancement provision of 21 U.S.C. § 851; and (2) whether the Due Process Clause requires the court to apply the rule of lenity in choosing between conflicting precedents with regard to the interpretation of a sentencing statute when the issue has never been decided by the en banc court of appeals and neither decision has been overruled.

Briefs and Documents

Certiorari-stage documents

• Opinion below (8th Cir.)
• Petition for certiorari
• Brief in opposition