No. 18-8442

Marc Dutch v. United States

Lower Court: Tenth Circuit
Docketed: 2019-03-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be 'committed on occasions different from one another' require such facts to be alleged in the indictment and proved to the jury or admitted by the defendant?

Question Presented (OCR Extract)

Questions Presented for Review Given that the Sixth Amendment and Apprendi prohibit a sentencing judge from finding facts about a prior conviction, does 18 U.S.C. § 924(e)(1)’s requirement that prior convictions be “committed on occasions different from one another,” require such facts to be alleged in the indictment and proved to the jury or admitted by the defendant? 1

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Waiver of right of respondent United States to respond filed.
2019-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2019)

Attorneys

Marc Dutch
Brian A. Pori — Petitioner
Brian A. Pori — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent