No. 23-6786
Carl Ray McNeil, Jr. v. United States
Relisted (2)IFP
Tags: armed-career-criminal-act criminal-law criminal-procedure due-process fifth-amendment indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation
Latest Conference:
2024-07-01
(distributed 2 times)
Question Presented (from Petition)
The Armed Career Criminal Act imposes heightened statutory penalties if a defendant convicted of an offense under 18 U.S.C. § 922(g) has three prior convictions for offenses that were "committed on occasions different from one another." 18 U.S.C. § 924(e)(1). The question presented is whether, under the Fifth and Sixth Amendments, this different-occasions element must be charged in the indictment and either admitted as part of a guilty plea or found by a jury beyond a reasonable doubt.
Question Presented (AI Summary)
Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty plea or found by 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.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-03-22
Memorandum of respondent United States filed.
2024-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2024)
2023-12-13
Application (23A541) granted by The Chief Justice extending the time to file until February 15, 2024.
2023-12-07
Application (23A541) to extend the time to file a petition for a writ of certiorari from December 17, 2023 to February 15, 2024, submitted to The Chief Justice.
Attorneys
Carl Ray McNeil, Jr.
Raymond Curtis Tarlton — Tarlton Law PLLC, Petitioner
United States
Elizabeth B. Prelogar — Respondent