No. 24-6658

Donald Conelious Voltz v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-02-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act harmless-error-review judicial-finding preponderance-of-evidence sentencing-error structural-error
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Where a district court has erred in sentencing a defendant under the Armed Career Criminal Act based on a judicial finding by a preponderance of the evidence that the predicate convictions occurred on separate occasions, is the error structural, such that harmless error review does not apply?

Question Presented (OCR Extract)

Where a district court has erred in sentencing a defendant under the Armed Career Criminal Act based on a judicial finding by a preponderance of the evidence that the predicate convictions occurred on separate occasions, is the error structural, such that harmless error review does not apply?

Docket Entries

2025-03-24
Petition DENIED.
2025-03-06
DISTRIBUTED for Conference of 3/21/2025.
2025-03-04
Waiver of United States of right to respond submitted.
2025-03-04
Waiver of right of respondent United States to respond filed.
2025-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2025)

Attorneys

Donald C. Voltz
Alexandria DarbyOffice of the Federal Public Defender , Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent