No. 23-370
Paul Erlinger v. United States
Tags: armed-career-criminal-act constitutional-interpretation criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference:
2023-11-17
(distributed 2 times)
Question Presented (AI Summary)
Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'committed on occasions different from one another'
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1).
Docket Entries
2024-07-23
Judgment Issued.
2024-06-21
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-370_8n59.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., and Thomas, J., filed concurring opinions. Kavanaugh, J., filed a dissenting opinion, in which Alito, J., joined, and in which Jackson, J., joined except as to Part III. Jackson, J., filed a dissenting opinion.
2024-06-21
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-370_8o6a.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., and Thomas, J., filed concurring opinions. Kavanaugh, J., filed a dissenting opinion, in which Alito, J., joined, and in which Jackson, J., joined except as to Part III. Jackson, J., filed a dissenting opinion.
2024-06-21
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-370_i4dj.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., and Thomas, J., filed concurring opinions. Kavanaugh, J., filed a dissenting opinion, in which Alito, J., joined, and in which Jackson, J., joined except as to Part III. Jackson, J., filed a dissenting opinion.
2024-03-27
Argued. For petitioner: Jeffrey L. Fisher, Menlo Park, Cal. For respondent supporting petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: D. Nick Harper, Washington, D. C.
2024-03-04
Reply of petitioner Paul Erlinger filed. (Distributed)
2024-03-04
Reply of respondent United States filed. (Distributed)
2024-02-20
Motion for divided argument filed by the Solicitor General GRANTED.
2024-02-14
CIRCULATED
2024-02-06
Motion for divided argument filed by the Solicitor General.
2024-02-05
Record received electronically from the United States District Court for the Southern District of Indiana and available with the Clerk.
2024-02-02
Brief of Court-appointed amicus curiae in support of the judgment below filed.
2024-02-01
Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk.
2024-01-31
Record requested from the United States Court of Appeals for the Seventh Circuit.
2024-01-29
SET FOR ARGUMENT on Wednesday, March 27, 2024.
2024-01-16
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2024-01-10
Brief amicus curiae of National Association of Federal Defenders filed.
2024-01-10
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2024-01-10
Brief amicus curiae of FAMM filed.
2024-01-03
Motion to dispense with printing the joint appendix filed by petitioner Paul Erlinger.
2024-01-03
Brief of respondent United States in support of petitioner filed.
2024-01-03
Brief of petitioner Paul Erlinger filed.
2023-11-21
D. Nick Harper, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
2023-11-20
Petition GRANTED.
2023-11-13
DISTRIBUTED for Conference of 11/17/2023.
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-10-24
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-10-23
Reply of petitioner Paul Erlinger filed. (Distributed)
2023-10-17
Brief for the United States filed.
2023-10-04
Petition for a writ of certiorari filed. (Response due November 6, 2023)
Attorneys
Court-appointed amicus curiae in support of the judgment below
Nick Harper — Gibson Dunn, Amicus
FAMM
Amy Mason Saharia — Williams & Connolly LLP, Amicus
National Association of Criminal Defense Lawyers
National Association of Federal Defenders
Paul Erlinger
Jeffrey L. Fisher — O'Melveny & Myers LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent