Question Presented (from Petition)
Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed on "occasions different from one another," for purposes of increasing the minimum and maximum sentences under the Armed Career Criminal Act (ACCA), be alleged in the indictment and either proven to a jury beyond a reasonable doubt or admitted to by the defendant, under the principles articulated in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Alleyne v. United States, 570 U.S. 99 (2013)?
Question Presented (AI Summary)
Do the Fifth and Sixth Amendments require facts to prove a defendant's prior convictions were for offenses committed on 'occasions different from one another' for ACCA sentence enhancement to be alleged in the indictment and proven to a 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.
2023-10-23
Letter from counsel for petitioner and waiver of the right to file a reply under Rule 15.5 filed.
2023-10-17
Brief of respondent United States filed.
2023-10-12
Motion to extend the time to file a response is granted and the time is extended to and including November 17, 2023.
2023-10-11
Motion to extend the time to file a response from October 18, 2023 to November 17, 2023, submitted to The Clerk.
2023-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2023)