No. 23-6013
Calvin Cogdill v. United States
Tags: armed-career-criminal-act constitutional-procedure criminal-sentencing fifth-amendment indictment jury reasonable-doubt sixth-amendment statutory-interpretation
Latest Conference:
2024-07-01
(distributed 2 times)
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 Armed Career Criminal Act's 'occasions different' fact must be charged in the indictment and proven to a jury beyond a reasonable doubt
Docket Entries
2024-08-05
Judgment Issued.
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.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Memorandum of respondent United States filed.
2023-12-07
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2024.
2023-12-06
Motion to extend the time to file a response from December 15, 2023 to January 16, 2024, submitted to The Clerk.
2023-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2023)
2023-09-11
Application (23A227) granted by Justice Kavanaugh extending the time to file until November 12, 2023.
2023-09-01
Application (23A227) to extend the time to file a petition for a writ of certiorari from September 13, 2023 to November 12, 2023, submitted to Justice Kavanaugh.
Attorneys
Calvin Cogdill
United States
Elizabeth B. Prelogar — Respondent