No. 22-6925
Gregory Allen Cook v. United States
Tags: armed-career-criminal-act criminal-procedure due-process indictment jury-factfinding sentencing-enhancement sentencing-enhancements sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2023-03-31
Question Presented (from Petition)
May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior offenses "on occasions different from one another," as required by the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), or does the Constitution require that fact to be charged in the indictment and proven to the jury beyond a reasonable doubt?
Question Presented (AI Summary)
Whether the Constitution requires the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from one another' under the Armed Career Criminal Act to be charged in the indictment and proven to the jury beyond a reasonable doubt
Docket Entries
2023-04-03
Petition DENIED.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-08
Waiver of right of respondent United States to respond filed.
2023-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2023)
2022-12-16
Application (22A532) granted by Justice Kavanaugh extending the time to file until March 2, 2023.
2022-12-13
Application (22A532) to extend the time to file a petition for a writ of certiorari from January 1, 2023 to March 2, 2023, submitted to Justice Kavanaugh.
Attorneys
Gregory Allen Cook
United States
Elizabeth B. Prelogar — Solicitor General, Respondent