No. 23-5081
Ronnie R. Lovell v. United States
Response WaivedIFP
Tags: armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment
Latest Conference:
2023-09-26
Question Presented (from Petition)
Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal Act, 18 U.S.C. § 924(e), by a preponderance of the evidence or do the Fifth and Sixth Amendments require this fact to be charged in the indictment and proven to a jury beyond a reasonable doubt?
Question Presented (AI Summary)
Can a district court judge determine that an individual's prior offenses occurred 'on occasions different,' as required by the Armed Career Criminal Act, 18 U.S.C. § 924(e), by a preponderance of the evidence or do the Fifth and Sixth Amendments require this fact to be charged in the indictment and proven to a jury beyond a reasonable doubt?
Docket Entries
2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-17
Waiver of right of respondent United States to respond filed.
2023-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 11, 2023)
2023-05-01
Application (22A950) granted by Justice Kavanaugh extending the time to file until July 10, 2023.
2023-04-27
Application (22A950) to extend the time to file a petition for a writ of certiorari from May 11, 2023 to July 10, 2023, submitted to Justice Kavanaugh.
Attorneys
Ronnie Lovell
United States
Elizabeth B. Prelogar — Solicitor General, Respondent