Joshua Reshi Dudley v. United States
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Whether the Sixth Amendment limits a sentencing court's consideration of prior offenses under the Armed Career Criminal Act
QUESTIONS PRESENTED The Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), mandates a fifteen-year minimum sentence for defendants who have previously been convicted of certain qualifying offenses “committed on occasions different from one another.” This Court has held that, under the Sixth Amendment, a sentencing court identifying a qualifying offense may consider only “what crime, with what elements, the defendant was convicted of.” Mathis v. United States, 136 S. Ct. 22438, 2252 (2016). Mr. Dudley now presents two questions related to the finding that offenses occurred on different occasions: I. Whether the Sixth Amendment limits a sentencing court, when determining whether a defendant’s prior offenses were “committed on occasions different from one another,” 18 U.S.C. § 924(e), to consider only matters a jury found or a prior guilty plea necessarily admitted. I. Whether the Eleventh Circuit misapplied Shepard v. United States, 544 U.S. 13 (2005), by holding that sentencing court, when determining whether a defendant’s prior offenses were “committed on occasions different from one another,” 18 U.S.C. § 924(e), may find that a defendant implicitly confirmed uncharged offense dates proffered by a prosecutor during a guilty plea hearing. i