United States v. Dominicus Sitton, 21 F.4th 873

Appellant Dominicus Sitton pled guilty in federal court to unlawful possession of a firearm and ammunition under 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 924(e).
The probation office applied a U.S.S.G. § 2K2.1(a)(3) enhancement based on a prior South Carolina first-degree assault & battery conviction, which requires a prior adult felony conviction for a crime of violence or drug offense.
Sitton committed that South Carolina offense at age 16 and was convicted and sentenced under the South Carolina Youthful Offender Act (YOA) in general sessions court at age 18.
The legal question was whether a YOA conviction in general sessions court qualifies as an "adult conviction" under South Carolina law for purposes of the Guidelines commentary defining "felony conviction."
Sitton did not object to the enhancement at sentencing; on appeal the Fourth Circuit applied plain-error review and held the YOA conviction in general sessions is an adult conviction under South Carolina law, so the enhancement was properly applied.

Issue	Sitton's Argument	Government's Argument	Held
Whether a conviction under South Carolina's Youthful Offender Act in general sessions is an "adult conviction" for U.S.S.G. § 2K2.1(a)(3)	The YOA conviction should not count as an "adult conviction" because the offense was committed while he was a juvenile and YOA affords special juvenile treatment	South Carolina law and State v. Standard treat YOA convictions entered in general sessions as convictions of adults; the jurisdiction's classification controls the Guidelines inquiry	The Fourth Circuit held a YOA conviction in general sessions is an adult conviction under South Carolina law, so the §2K2.1(a)(3) enhancement was properly applied
Standard of review for unpreserved objection to sentencing enhancement	Sitton acknowledged no contemporaneous objection; thus any error must meet plain-error relief	Government urged that, under plain-error review, no reversible error existed because state law classifies the YOA conviction as an adult conviction	Applying plain-error review, the court found no error by the district court and affirmed the sentence

State v. Standard, 569 S.E.2d 325 (S.C. 2002) (juvenile tried and adjudicated in general sessions is convicted as an adult)
United States v. Mason, 284 F.3d 555 (4th Cir. 2002) (conviction for offense committed before 18 is an adult conviction if classified as such by jurisdiction of conviction)
United States v. McGhee, 651 F.3d 153 (1st Cir. 2011) (declining a purely federal test; emphasizing state classification controls)
United States v. Carthorne, 726 F.3d 503 (4th Cir. 2013) (plain-error review of sentencing issues when no contemporaneous objection)
United States v. Green, 996 F.3d 176 (4th Cir. 2021) (plain-error burden elements summarized)
United States v. Sellers, 806 F.3d 770 (4th Cir. 2015) (discussing YOA as discretionary sentencing alternative)
Gay v. Ariail, 673 S.E.2d 418 (S.C. 2009) (expungement eligibility for youthful offenders; discussed and distinguished)