No. 23-7841

Richard Schorovsky v. United States

Lower Court: Fifth Circuit
Docketed: 2024-07-01
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal armed-career-criminal-act burglary-statute fifth-circuit-interpretation jury-determination robbery-convictions sentencing sentencing-enhancement separate-occasions shepard-documents
Key Terms:
DueProcess
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Was Petitioner Schorovsky properly sentenced as an armed-career-criminal

Question Presented (OCR Extract)

Questions Presented 1. In light of Erlinger v. United States, No. 23-370, 602 U.S._ (June 21, 2024), was Petitioner Schorovsky properly sentenced as an armed career criminal based on a finding by the district court (not a jury) that Petitioner’s two prior robbery convictions were committed on separate occasions? 2. In light of Erlinger v. United States, No. 23-370, 602 U.S. ___ (June 21, 2024), was it proper for the sentencing court to rely on Shepard approved documents to determine whether Petitioner’s prior robbery convictions occurred on separate occasions? 3. In light of United States v. Stitt, 139 S.Ct. 399 (2018), can the Texas burglary statute — which the Fifth Circuit has held to be indivisible — properly be the basis for an enhanced sentence under the Armed Career Criminal Act, given that a person can be convicted under the statute for doing nothing more than entering a storage building with the intent to commit theft? i

Docket Entries

2024-11-18
Judgment Issued.
2024-10-15
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).
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-08-30
Memorandum of respondent United States filed.
2024-08-01
Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2024
2024-07-31
Motion of United States for an extension of time submitted.
2024-07-31
Motion to extend the time to file a response from July 31, 2024 to August 30, 2024, submitted to The Clerk.
2024-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2024)

Attorneys

Richard Schorovsky
John Andrew KucheraAttorney at Law, Petitioner
John Andrew KucheraAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent