I. 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 (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 the Eleventh Circuit holds)?
II. In Erlinger v. United States, 602 U.S. 821 (2024), this Court held that the Fifth and Sixth Amendments require the government to prove ACCA's complex different-occasions 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 occasions. Can appellate courts rely on that same prohibited information to affirm an ACCA sentence imposed in violation of Erlinger?
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?