Lakeith Lynn Washington v. United States
SecondAmendment JusticiabilityDoctri
Do the Fifth and Sixth Amendments require facts to prove prior convictions for ACCA sentencing be alleged in indictment and proven to jury?
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