No. 22-6682

Ricky Douglas Haynes, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act criminal-occasions due-process jury-trial mandatory-minimum non-elemental-facts sentencing sentencing-enhancement statutory-interpretation violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-03-03
Question Presented (AI Summary)

Whether a sentencing judge may rely on non-elemental facts to impose a mandatory-minimum under ACCA

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a sentencing judge may rely on non-elemental facts to conclude that a defendant’s prior offenses were “committed on occasions different from one another” and impose the mandatory-minimum prison term under Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), or whether such facts must be charged in an indictment and proven to a jury beyond a reasonable doubt? 2. Whether the Florida offense of resisting, obstructing, or opposing an officer with violence is an ACCA “violent felony”? i

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-02-08
Waiver of right of respondent United States of America to respond filed.
2023-01-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2023)

Attorneys

Ricky Douglas Haynes, Jr.
M. Allison GuagliardoOffice of the Federal Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent