No. 19-8755

Levi West v. United States

Lower Court: Sixth Circuit
Docketed: 2020-06-19
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: apprendi-doctrine armed-career-criminal-act constitutional-interpretation conviction-records criminal-procedure jury jury-trial sentencing sentencing-enhancement sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

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

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

2020-10-05
Petition DENIED.
2020-07-02
DISTRIBUTED for Conference of 9/29/2020.
2020-06-25
Waiver of right of respondent United States to respond filed.
2020-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 20, 2020)

Attorneys

Levi West
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
Michael Clark HolleyOffice of the Federal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent