No. 20-6976

Timothy Tijwan Doctor v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-01-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: armed-career-criminal-act criminal-procedure different-occasions federal-court non-elemental-facts plea-colloquy prior-offenses sentencing sentencing-enhancement
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-04-16 (distributed 2 times)
Question Presented (AI Summary)

whether-a-federal-court-may-increase-a-defendant's-sentence-under-the-armed-career-criminal-act

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a federal court may increase a defendant’s sentence under the Armed Career Criminal Act (ACCA) by relying on its own finding about nonelemental facts to conclude a defendant’s prior offenses were “committed on occasions different from another.” 2. Ifso, whether the federal court may rely solely on the non-elemental dates alleged in the state court charging documents, absent a transcript of the colloquy in which the defendant confirmed the factual basis for the plea, to find the prior offenses were committed on different occasions. i PROCEEDINGS IN FEDERAL TRIAL AND APPELLATE COURTS DIRECTLY RELATED TO THIS CASE United States District Court (M.D. Fla.): United States v. Timothy Tijwan Doctor, No (March 16, 2020) United States Court of Appeals (11th Cir.): United States v. Timothy Tijwan Doctor, No. 20-11092 (December 28, 2020) ii

Docket Entries

2021-04-19
Rehearing DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-08
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Waiver of right of respondent United States to respond filed.
2021-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)

Attorneys

Timothy Doctor
Patrick Kane KorodyKorodyLaw, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent