Whether the elements of a prior conviction can be determined using current judicial interpretations

QUESTIONS PRESENTED 1. Whether, for purposes of applying the categorical approach required by the Armed Career Criminal Act (ACCA), a prior conviction’s elements can be determined using current judicial interpretations of the statute of conviction, as the Eleventh Circuit holds, or only interpretations in place at the time of the prior conviction, as the First and Fourth Circuits hold and the Eighth Circuit holds in the Guidelines context. 2. Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under ACCA, 18 U.S.C. § 924(e)(1). This same question is pending before the Court in Erlinger v. United States, No. 23-370. See Petition for Writ of Certiorari at i, Erlinger v. United States, No. 23-370; Brief for Petitioner at i, Erlinger v. United States, No. 23-370. i