No. 23-370
Paul Erlinger v. United States
Tags: armed-career-criminal-act constitutional-interpretation criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement
Latest Conference:
2023-11-17
(distributed 2 times)
Question Presented (from Petition)
Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committed on occasions different from one another," as is necessary to impose an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1).
Question Presented (AI Summary)
Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'committed on occasions different from one another'
Docket Entries
2024-07-23
Judgment Issued.
2024-06-21
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., and Thomas, J., filed concurring opinions. Kavanaugh, J., filed a dissenting opinion, in which Alito, J., joined, and in which Jackson, J., joined except as to Part III. Jackson, J., filed a dissenting opinion.
2024-06-21
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., and Thomas, J., filed concurring opinions. Kavanaugh, J., filed a dissenting opinion, in which Alito, J., joined, and in which Jackson, J., joined except as to Part III. Jackson, J., filed a dissenting opinion.
2024-06-21
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., and Thomas, J., filed concurring opinions. Kavanaugh, J., filed a dissenting opinion, in which Alito, J., joined, and in which Jackson, J., joined except as to Part III. Jackson, J., filed a dissenting opinion.
2024-03-27
Argued. For petitioner: Jeffrey L. Fisher, Menlo Park, Cal. For respondent supporting petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: D. Nick Harper, Washington, D. C.
2024-03-04
Reply of petitioner Paul Erlinger filed. (Distributed)
2024-03-04
Reply of respondent United States filed. (Distributed)
2024-02-20
Motion for divided argument filed by the Solicitor General GRANTED.
2024-02-14
CIRCULATED
2024-02-06
Motion for divided argument filed by the Solicitor General.
2024-02-05
Record received electronically from the United States District Court for the Southern District of Indiana and available with the Clerk.
2024-02-02
Brief of Court-appointed amicus curiae in support of the judgment below filed.
2024-02-01
Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk.
2024-01-31
Record requested from the United States Court of Appeals for the Seventh Circuit.
2024-01-29
SET FOR ARGUMENT on Wednesday, March 27, 2024.
2024-01-16
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2024-01-10
Brief amicus curiae of National Association of Federal Defenders filed.
2024-01-10
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2024-01-10
Brief amicus curiae of FAMM filed.
2024-01-03
Motion to dispense with printing the joint appendix filed by petitioner Paul Erlinger.
2024-01-03
Brief of respondent United States in support of petitioner filed.
2024-01-03
Brief of petitioner Paul Erlinger filed.
2023-11-21
D. Nick Harper, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
2023-11-20
Petition GRANTED.
2023-11-13
DISTRIBUTED for Conference of 11/17/2023.
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-10-24
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-10-23
Reply of petitioner Paul Erlinger filed. (Distributed)
2023-10-17
Brief for the United States filed.
2023-10-04
Petition for a writ of certiorari filed. (Response due November 6, 2023)
Attorneys
Court-appointed amicus curiae in support of the judgment below
Nick Harper — Gibson Dunn, Amicus
FAMM
Amy Mason Saharia — Williams & Connolly LLP, Amicus
National Association of Criminal Defense Lawyers
National Association of Federal Defenders
Paul Erlinger
Jeffrey L. Fisher — O'Melveny & Myers LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent