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 district court judge may find the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from one another' under the Armed Career Criminal Act by a preponderance of the evidence, or if the Constitution requires that fact to be charged in the indictment and proven to the jury beyond a reasonable doubt
2024-07-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Erlinger v. United States, 602 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2023-11-13
DISTRIBUTED for Conference of 11/17/2023.
2023-10-25
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.
2023-10-20
Reply of petitioner Deangelus Thomas filed. (Distributed)
2023-10-17
Brief of respondent United States filed.
2023-09-22
Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2023.
2023-09-20
Motion to extend the time to file a response from September 27, 2023 to October 27, 2023, submitted to The Clerk.
2023-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2023)