No. 22-7758
Steven Keith Hunley v. United States
Response WaivedIFP
Tags: armed-career-criminal-act constitutional-violations criminal-procedure fifth-amendment indictment jury-factfinding lower-courts-error preponderance-of-evidence sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2023-09-26
Question Presented (AI Summary)
Can a district court judge determine that an individual's prior offenses occurred 'on occasions different' by a preponderance of the evidence or do the Fifth and Sixth Amendments require this fact to be charged in the indictment and proven to a jury beyond a reasonable doubt?
Question Presented (OCR Extract)
QUESTIONS PRESENTED FOR REVIEW Can a district court judge determine that an individual’s prior offenses occurred “on occasions different,” as required by the Armed Career Criminal Act, 18 U.S.C. § 924(e), by a preponderance of the evidence or do the Fifth and Sixth Amendments require this fact to be charged in the indictment and proven to a jury beyond a reasonable doubt? ii
Docket Entries
2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-06-15
Waiver of right of respondent United States to respond filed.
2023-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2023)
Attorneys
Steven Hunley
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent