Jonathan E. Jouette v. United States
DueProcess
Whether application of the Taylor rule bars consideration of materials beyond the charging instrument in determining a defendant's qualification for enhanced sentencing under the Armed Career Criminal Act, violating the petitioner's Fifth and Fourteenth Amendment rights
QUESTIONS PRESENTED Whether application of the rule pronounced in Taylor v. United States, 495 U.S. 575, 598, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), barring the sentencing court from considering materials other than the charging instrument in determining a defendant’s qualification for enhanced sentencing under 18 USC 924(e), the Armed Career Criminal Act, when charged with being a felon in possession of a firearm in violation of 18 USC 922(g)(1), results in violation of the petitioner’s substantive and procedural rights guaranteed by the United States Constitution, Fifth and Fourteenth Amendments, as applied to petitioner. Whether the evidence supported a finding that the petitioner’s convictions for burglary of a pharmacy and distribution of narcotics were sufficiently separated by time and space to be considered two separate convictions, as required to be qualifying convictions for purposes of imposing an enhanced sentence under 18 USC 924(e), the Armed Career Criminal Act. Pg. 2