No. 21-5754

Cedrin Farodd Carter v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-09-22
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act criminal-procedure different-occasions judicial-fact-finding jury-fact-finding prior-conviction sentencing-enhancement sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Is a different-occasions finding under the Armed Career Criminal Act confined to matters essential to the fact of a prior conviction?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Armed Career Criminal Act (“ACCA”) sentencing enhancement, 18 U.S.C. § 924(e), requires a finding that predicate offenses were “committed on occasions different from one another.” But the Sixth Amendment generally forbids a judge to find facts that increase statutory penalties, with a lone, narrow exception for the fact of a prior conviction—under this Court’s ACCA decisions, only what a prior jury necessarily found or a prior plea necessarily admitted. The courts of appeals do not recognize the same limitation on the differentoccasions inquiry, noting that this Court has not specifically addressed it. Mr. Carter asks the Court to grant certiorari to decide this question: Is a different-occasions finding, like other ACCA determinations about prior convictions, confined to matters essential to the fact of a prior conviction?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-06
Reply of petitioner Cedrin Farodd Carter filed.
2021-11-22
Memorandum of respondent United States filed.
2021-10-14
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
2021-10-13
Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
2021-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2021)

Attorneys

Cedrin Farodd Carter
Tobie J. SmithOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent