No. 24-7057

Earl B. Penn v. United States

Lower Court: Eighth Circuit
Docketed: 2025-04-22
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act constitutional-challenge criminal-law judicial-discretion sentencing statutory-interpretation
Key Terms:
SecondAmendment
Latest Conference: 2025-06-26
Question Presented (AI Summary)

Is the ACCA unconstitutional because neither the judge nor the jury may make the occasions clause finding essential to every ACCA sentence?

Question Presented (OCR Extract)

is: Is the ACCA unconstitutional because neither the judge nor the jury may make the occasions clause finding essential to every ACCA sentence?

Docket Entries

2025-06-30
Petition DENIED.
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-10
2025-06-10
2025-06-05
Waiver of Earl Penn of the 14-day waiting period submitted.
2025-06-05
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2025-06-03
Memorandum For The United States in Opposition of United States submitted.
2025-06-03
Memorandum of respondent United States filed.
2025-05-15
Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2025.
2025-05-14
Motion of United States for an extension of time submitted.
2025-05-14
Motion to extend the time to file a response from May 22, 2025 to June 23, 2025, submitted to The Clerk.
2025-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2025)

Attorneys

Earl Penn
Dan Phillip GoldbergFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent