Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty plea or found by a jury beyond a reasonable doubt

QUESTION PRESENTED The Armed Career Criminal Act imposes heightened statutory penalties if a defendant convicted of an offense under 18 U.S.C. § 922(g) has three prior convictions for offenses that were “committed on occasions different from one another.” 18 U.S.C. § 924(e)(1). The question presented is whether, under the Fifth and Sixth Amendments, this different-occasions element must be charged in the indictment and either admitted as part of a guilty plea or found by a jury beyond a reasonable doubt. This same question is pending before the Court in Erlinger v. United States, No. 23-370 (cert. granted Nov. 2, 2023). i