No. 18-8442
Response WaivedIFP
Tags: 6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation
Latest Conference:
2019-04-12
Question Presented (from Petition)
Given that the Sixth Amendment and Apprendi prohibit a sentencing judge from finding facts about a prior conviction, does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be "committed on occasions different from one another," require such facts to be alleged in the indictment and proved to the jury or admitted by the defendant?
Question Presented (AI Summary)
Does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be 'committed on occasions different from one another' require such facts to be alleged in the indictment and proved to the jury or admitted by the defendant?
Docket Entries
2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Waiver of right of respondent United States to respond filed.
2019-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2019)
Attorneys
Marc Dutch
Brian A. Pori — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent