Question Presented (from Petition)
I. Whether 18 U.S.C. Section 922(g)(1) violates the Second Amendment either facially, or as applied to individuals who have not been convicted of a violent offense for over a decade?
II. This Court held in Erlinger v. United States, 602 U.S. 821 (2024) that the Armed Career Criminal Act ("ACCA") guarantees criminal defendants a right to a jury trial to determine if their prior convictions occurred on separate occasions. This Court has also held for over thirty years that the ACCA's text only allows a categorical approach to reviewing a defendant's prior convictions. The question presented is: Is the ACCA unconstitutional because neither the judge nor the jury may make the occasions clause finding essential to every ACCA sentence?
Question Presented (AI Summary)
Is the ACCA unconstitutional because neither the judge nor the jury may make the occasions clause finding essential to every ACCA sentence?
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-10
Reply of Earl Penn submitted.
2025-06-10
Reply of petitioner Earl Penn filed. (Distributed)
2025-06-05
Waiver of Earl Penn of the 14-day waiting period submitted.
2025-06-05
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2025-06-03
Memorandum For The United States in Opposition of United States submitted.
2025-06-03
Memorandum of respondent United States filed.
2025-05-15
Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2025.
2025-05-14
Motion of United States for an extension of time submitted.
2025-05-14
Motion to extend the time to file a response from May 22, 2025 to June 23, 2025, submitted to The Clerk.
2025-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2025)