No. 21-6448

Joseph D. Brown v. United States

Lower Court: Sixth Circuit
Docketed: 2021-11-30
Status: GVR
Type: IFP
Relisted (4)IFP
Tags: acca career-criminal-act criminal-law criminal-procedure occasions-different occasions-test sentencing sentencing-enhancement statutory-interpretation temporal-analysis
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-04-01 (distributed 4 times)
Question Presented (AI Summary)

Should the courts employ a purely temporal approach or a 'totality of the circumstances' test when interpreting the Career Criminal Act's phrase, 'committed on occasions different from one another'?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Should the courts employ a purely temporal approach or a “totality of the circumstances” test when interpreting the Career Criminal Act’s phrase, “committed on occasions different from one another”? 2. In the event this Honorable Court finds the ACCA’s phrase, “committed on occasions different from one another” ambiguous, should the Court remand the defendant’s case for resentencing under the provisions of 18 U.S.C. § 922(g)(1) and 18 U.S.C. § 924(a)(2)? ii

Docket Entries

2022-05-06
JUDGMENT ISSUED.
2022-04-04
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Wooden</i> v. <i>United States</i>, 595 U. S. ___ (2022).
2022-03-28
DISTRIBUTED for Conference of 4/1/2022.
2022-03-21
DISTRIBUTED for Conference of 3/25/2022.
2022-03-14
DISTRIBUTED for Conference of 3/18/2022.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-01-31
Memorandum of respondent United States filed.
2021-12-21
Motion to extend the time to file a response is granted and the time is extended to and including January 31, 2022.
2021-12-20
Motion to extend the time to file a response from December 30, 2021 to January 31, 2022, submitted to The Clerk.
2021-11-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2021)

Attorneys

Joseph Brown
Paul Bergmann IIIPaul Bergmann, III, Attorney at Law, Petitioner
Paul Bergmann IIIPaul Bergmann, III, Attorney at Law, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent