No. 21-6657

Joshua Reshi Dudley v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-12-17
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act criminal-procedure occasions-different occasions-test prior-conviction prior-convictions sentencing sentencing-enhancement shepard-v-united-states sixth-amendment
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the Sixth Amendment limits a sentencing court's consideration of prior offenses under the Armed Career Criminal Act

Question Presented (OCR Extract)

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

Docket Entries

2022-03-21
Petition DENIED.
2022-03-09
Supplemental brief of petitioner Joshua Reshi Dudley filed. (Distributed)
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-03-03
Reply of petitioner Joshua Reshi Dudley filed. (Distributed)
2022-02-17
Memorandum of respondent United States in opposition filed.
2022-01-14
Motion to extend the time to file a response is granted and the time is extended to and including February 17, 2022.
2022-01-12
Motion to extend the time to file a response from January 18, 2022 to February 17, 2022, submitted to The Clerk.
2021-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2022)

Attorneys

Joshua Reshi Dudley
Allison CaseFederal Public Defender Northern District of Alabama, Petitioner
Allison CaseFederal Public Defender Northern District of Alabama, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent