No. 18-5439

Adam Longoria v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act criminal-procedure descamps-v-united-states mathis-v-united-states non-elemental-facts occasions-different sentencing-enhancement serious-drug-offense sixth-amendment sixth-amendment-jury-trial statutory-interpretation taylor-v-united-states violent-felony
Key Terms:
JusticiabilityDoctri Jurisdiction
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the ACCA's 'occasions different from one another' clause requires a sentencing court to rely solely on elemental facts, or whether it can rely on non-elemental facts

Question Presented (OCR Extract)

QUESTION PRESENTED The Armed Career Criminal Act (ACCA) imposes a fifteen year mandatory minimum sentence for anyone who violates 18 U.S.C. § 922(g) and has three previous convictions for a “violent felony” or a “serious drug offense,” or both, “committed on occasions different from one another.” 18 U.S.C. § 924(e). This Court has held that in examining whether a prior conviction is an ACCA predicate, sentencing courts look only to the offense’s elements, and not the particular facts of a case. See Taylor v. United States, 495 U.S. 575, 600-01 (1990); Descamps v. United States, 570 U.S. 254 (2013); Mathis v. United States, 136 S. Ct. 2243, 2245 (2016). This Court has never, however, addressed whether the constitutional principles requiring that elemental analysis also apply to the “occasions different from one another” phrase in that sentence. This case presents that question: Under the ACCA, can a sentencing court rely solely on non-elemental facts to infer that a defendant’s temporally overlapping and related offenses were “committed on occasions different from one another”? i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-08
Waiver of right of respondent United States to respond filed.
2018-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2018)

Attorneys

Adam Longoria
Aliza Hochman BloomOffice of the Federal Defender, Petitioner
Aliza Hochman BloomOffice of the Federal Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent