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