No. 22-6682
Ricky Douglas Haynes, Jr. v. United States
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
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 Guagliardo — Office of the Federal Defender, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent