Question Presented (AI Summary)
Whether the Armed Career Criminal Act's 'occasions different' fact must be charged in the indictment and proven to a jury beyond a reasonable doubt
Question Presented (OCR Extract)
QUESTION PRESENTED The Armed Career Criminal Act enhances the statutory penalty for a firearms offense under 18 U.S.C. § 922(g)(1) when the offender has three predicate convictions for offenses that were “committed on occasions different from one another.” 18 U.S.C. § 924(e)(1). May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior offenses “on occasions different from one another,” as required by the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), or does the Constitution require that fact to be charged in the indictment and proven to the jury beyond a reasonable doubt? ii
2024-07-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Erlinger</i> v. <i>United States</i>, 602 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Memorandum of respondent United States filed.
2023-12-07
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2024.
2023-12-06
Motion to extend the time to file a response from December 15, 2023 to January 16, 2024, submitted to The Clerk.
2023-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2023)
2023-09-11
Application (23A227) granted by Justice Kavanaugh extending the time to file until November 12, 2023.
2023-09-01
Application (23A227) to extend the time to file a petition for a writ of certiorari from September 13, 2023 to November 12, 2023, submitted to Justice Kavanaugh.