Richard Schorovsky v. United States
DueProcess
Was Petitioner Schorovsky properly sentenced as an armed-career-criminal
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