Whether the Armed Career Criminal Act's mandatory minimum sentence provision violates the Fifth or Sixth Amendment when a district court finds prior convictions constitute predicate offenses based solely on a preponderance-of-the-evidence standard without a jury determination beyond a reasonable doubt

No question identified. : 1. Mr. Cogdill was sentenced to a mandatory minimum term of fifteen years in prison under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”), for his conviction of being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). This is an appeal of the district court’s imposition of the ACCA’s mandatory minimum sentence, which was based on the district judge’s finding of fact, by a preponderance of the evidence and over Mr. Cogdill’s objection, that he had been previously convicted of three burglaries committed “on occasions different from one another.” 18 U.S.C. 924(e)(1). 2. Good cause supports granting an extension of time. In the time since the lower court issued its judgment, undersigned counsel has been responsible for a large number of briefs and other filings. Despite due diligence on the part of counsel, the press of these and other responsibilities past and upcoming has left insufficient time in which to prepare the petition. Mr. Cogdill therefore asks this Court to extend the time to file a petition for a writ of certiorari in this appeal 60 days to and including November 13, 2023. Respectfully submitted, /s/ Jennifer Niles Coffin Jennifer Niles Coffin Assistant Federal Defender Federal Defender Services of Eastern Tennessee, Inc. 800 South Gay St., Suite 2400 Knoxville, Tennessee 37929 (865) 637-7979