No. 20-6976
Timothy Tijwan Doctor v. United States
Response WaivedRelisted (2)IFP
Tags: armed-career-criminal-act criminal-procedure different-occasions federal-court non-elemental-facts plea-colloquy prior-offenses sentencing sentencing-enhancement
Latest Conference:
2021-04-16
(distributed 2 times)
Question Presented (from Petition)
1. Whether a federal court may increase a defendant's sentence under the Armed Career Criminal Act (ACCA) by relying on its own finding about non-elemental facts to conclude a defendant's prior offenses were "committed on occasions different from another."
2. If so, whether the federal court may rely solely on the non-elemental dates alleged in the state court charging documents, absent a transcript of the colloquy in which the defendant confirmed the factual basis for the plea, to find the prior offenses were committed on different occasions.
Question Presented (AI Summary)
whether-a-federal-court-may-increase-a-defendant's-sentence-under-the-armed-career-criminal-act
Docket Entries
2021-04-19
Rehearing DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-08
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Waiver of right of respondent United States to respond filed.
2021-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)
Attorneys
Timothy Doctor
Patrick Kane Korody — KorodyLaw, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent