No. 19-6693

Chris Rayvon Starks v. United States

Lower Court: Sixth Circuit
Docketed: 2019-11-20
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Is the fact that the defendant committed three predicate offenses 'on occasions different from one another' an element of the ACCA for the jury to decide, or is it instead a fact that the sentencing judge may find based on non-elemental information gleaned from the records of the prior convictions?

Question Presented (OCR Extract)

QUESTION PRESENTED The Armed Career Criminal Act [“ACCA”] enhances the statutory penalty for a firearms offense under 18 U.S.C. § 922(g)(1) when the offender has three predicate convictions for offenses that were “committed on occasions different from one another.” 18 U.S.C. § 924(e). Is the fact that the defendant committed three predicate offenses “on occasions different from one another” an element of the ACCA for the jury to decide, or is it instead a fact that the sentencing judge may find based on non-elemental information gleaned from the records of the prior convictions? il

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-02-04
Reply of petitioner Chris Rayvon Starks filed. (Distributed)
2020-01-21
Brief of respondent United States of America in opposition filed.
2019-12-16
Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2020.
2019-12-13
Motion to extend the time to file a response from December 20, 2019 to January 21, 2020, submitted to The Clerk.
2019-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)

Attorneys

Chris Rayvon Starks
Jennifer Niles CoffinFederal Defender Services of Eastern Tennessee, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent