Do the Fifth and Sixth Amendments require facts to prove a defendant's prior convictions were for offenses committed on 'occasions different from one another' for ACCA sentence enhancement to be alleged in the indictment and proven to a jury beyond a reasonable doubt?

QUESTION PRESENTED FOR REVIEW Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant’s prior convictions were for offenses committed on “occasions different from one another,” for purposes of increasing the minimum and maximum sentences under the Armed Career Criminal Act (ACCA), be alleged in the indictment and either proven to a jury beyond a reasonable doubt or admitted to by the defendant, under the principles articulated in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Alleyne v. United States, 570 U.S. 99 (2013)? No. In the Supreme Court of the United States October Term, 2023 SAMUEL VALENCIA, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Samuel Valencia asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit.