No. 20-6976

Timothy Tijwan Doctor v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-01-28
Status: Denied
Type: IFP
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 KorodyKorodyLaw, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent