Whether the 'serious drug offense' definition in the Armed Career Criminal Act (ACCA) incorporates the federal drug schedules in effect at the time of the federal firearm offense or the prior state drug offense

QUESTIONS PRESENTED 1. This Court has granted certiorari in Jackson v. United States, No. 22-6640, and Brown v. United States, No. 22-6389, and consolidated the cases. This petition presents the same questions presented, respectively, in Jackson and Brown: Whether the “serious drug offense” definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules that were in effect at the time of the federal firearm offense, or the federal drug schedules that were in effect at the time of the prior state drug offense, and Which version of federal law should a sentencing court consult under ACCA’s categorical approach? See Petition for a Writ of Certiorari at i, Jackson v. United States, No. 22-6640, and Petition for a Writ of Certiorari at ii, Brown v. United States, No. 22-6389. ! 2. 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 ACCA, § 924(e)(1), or whether such facts must be charged in an indictment and proven to a jury beyond a reasonable doubt? | This petition also presents the Solicitor General’s restatement of the questions: Whether the classification of a prior state conviction as a “serious drug offense” under the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. 924(e)(2)(A)(ii), depends on the federal schedules in effect at the time of the defendant’s prior state crime, the time of the federal offense for which he is being sentenced, or the time of his federal sentencing. Brief for the United States at i, Jackson v. United States, No. 22-6640; see also Brief for the United States at i, Brown v. United States, No. 22-6389 (addressing “the federal schedules in effect at the time of a defendant’s federal sentencing”). i