DueProcess
When applying the categorical approach to determine whether a prior state conviction qualifies as a predicate for the Armed Career Criminal Act (ACCA) enhancement, should courts consult authoritative state court decisions pre-dating the defendant's prior conviction or only the most recent state court decision?
I. When applying the catego rical approach to determine whether a prior state conviction qua lifies as a predicate for the Armed Career Criminal Act (ACCA) enhanc ement, should courts consult authoritative state cour t decisions pre-dating the defendant’s prior conviction (as several circuits hold), or only the most recent state court decision, even if that decision changes the conduct necessary to satisfy the offense elements (as th e Eleventh Circuit holds)?1 II. In Erlinger v. United States , 602 U.S. 821 (2024), this Court held that the Fifth and Sixth Amen dments require the government to prove ACCA’s complex different-occasion s requirement to a jury beyond a reasonable doubt. Is Erlinger error structural? III. Erlinger also explained that sentencing courts cannot use information from Shepard documents to decide if a defendant committed his prior offenses on different occasion s. Can appellate courts rely on that same prohibited information to aff irm an ACCA sentence imposed in violation of Erlinger ? 1 This question is also presented in Harris v. United States , No. 245776.