different-occasions

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
21-5754 Cedrin Farodd Carter v. United States Eleventh Circuit 2021-09-22 Denied IFP armed-career-criminal-act criminal-procedure different-occasions judicial-fact-finding jury-fact-finding prior-conviction sentencing-enhancement sixth-amendment Is a different-occasions finding, like other ACCA determinations about prior convictions, confined to matters essential to the fact of a prior convict…
20-6976 Timothy Tijwan Doctor v. United States Eleventh Circuit 2021-01-28 Denied Response WaivedRelisted (2)IFP armed-career-criminal-act criminal-procedure different-occasions federal-court non-elemental-facts plea-colloquy prior-offenses sentencing sentencing-enhancement 1. Whether a federal court may increase a defendant's sentence under the Armed Career Criminal Act (ACCA) by relying on its own finding about non-elem…
19-7324 Lonnie Greer, Jr. v. United States Sixth Circuit 2020-01-16 Denied Response WaivedIFP armed-career-criminal-act categorical-approach criminal-procedure different-occasions generic-burglary recklessness sentencing sentencing-enhancement sentencing-judge sixth-amendment sixth-circuit sixth-circuit-precedent statutory-interpretation 1) Whether Sixth Circuit precedent that counts Tennessee aggravated burglary as "generic burglary" for purposes of the Armed Career Criminal Act is in…
18-793 Marion Quinton Brewster v. United States Fourth Circuit 2018-12-20 Denied Response WaivedRelisted (2) armed-career-criminal-act cruel-and-unusual-punishment cruel-unusual-punishment different-occasions legislative-intent sentencing statutory-interpretation vagueness Whether the interpretation of the Armed Career Criminal Act's "different occasions" provision has become overly broad and vague as to constitute cruel…