No. 19-5924

James Hennessee v. United States

Lower Court: Sixth Circuit
Docketed: 2019-09-12
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: apprendi-doctrine armed-career-criminal-act circuit-court constitutional-interpretation conviction-records criminal-procedure jury predicate-convictions sentencing sentencing-enhancement sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Is the different-occasions requirement an element for the jury to decide, or can the sentencing judge decide it?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Armed Career Criminal Act enhances the statutory penalty for a firearms offense when the offender has three predicate convictions for crimes that were “committed on occasions different from one another.” qd) Is this different-occasions requirement an element for the jury to decide, or is it instead something that the sentencing judge can decide? (2) If the latter, can the sentencing judge consider whatever evidence happens to be contained in certain conviction records? Or, to comport with the Apprendi doctrine, must the judge limit consideration to facts that previously either the jury necessarily found or the defendant necessarily admitted? ii

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Reply of petitioner James Hennessee filed. (Distributed)
2019-12-06
Brief of respondent United States of America in opposition filed.
2019-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2019.
2019-10-31
Motion to extend the time to file a response from November 6, 2019 to December 6, 2019, submitted to The Clerk.
2019-10-07
Response Requested. (Due November 6, 2019)
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-27
Waiver of right of respondent United States of America to respond filed.
2019-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2019)

Attorneys

James Hennessee
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent