Documents
Shepard v. United States
United States Supreme Court; Case No. 03-9168
Argument(s)
Shepard v. United States
NACDL amicus curiae brief arguing that (I) Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, has been eroded by subsequent cases, and should be overruled, and (II) in the alternative, the Court should reverse and clarify that the government bears the burden of proving prior convictions through reliable evidence that reflects adversarial testing.
