No. 23-6038

Lakeith Lynn Washington v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-17
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2024-07-01 (distributed 2 times)
Question Presented (AI Summary)

Do the Fifth and Sixth Amendments require facts to prove prior convictions for ACCA sentencing be alleged in indictment and proven to jury?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. 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)? I. Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional? Til. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment? Subsidiary Question: Whether this Court should hold the instant Petition pending United States v. Rahimi, 22-915, _U.S.__, 2023 WL 4278450 (June 30, 2023) (granting cert.), given the government’s concession in Garland uv. Range, No. 23-374, that Rahimi presents “closely related Second Amendment issues” with respect to constitutional challenges to 18 U.S.C. § 922(g)(1), and justifies a decision to “hold the petition for a writ of certiorari” in Range “pending its decision Rahimi”, Government’s Petition for Certiorari in Garland v. Range, 23-374, at 7 (Filed October 5, 2023), available at last visited October 20, 2023? i

Docket Entries

2024-08-05
Judgment Issued.
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.
2024-01-17
Memorandum of respondent United States filed.
2023-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2024.
2023-12-12
Motion to extend the time to file a response from December 18, 2023 to January 17, 2024, submitted to The Clerk.
2023-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2023)

Attorneys

Lakeith Washington
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent