| Erlinger v. United States | |
|---|---|
 | |
| Full case name | Paul Erlinger v. United States |
| Docket no. | 23-370 |
| Case history | |
| Prior | United States v. Erlinger, 77 F.4th 617 (7th Cir. 2023). |
| Questions presented | |
| Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committed on occasions different from one another," as is necessary to impose an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1). | |
Erlinger v. United States (Docket No. 23-270) is a case pending before the Supreme Court of the United States. The case may build on the Supreme Court's Sixth Amendment jurisprudence related to the jury right. The case is scheduled for oral argument on January 16, 2024.[1]
Background[edit]
Paul Erlinger was charged and convicted of being a felon in possession of a firearm in 2018.[2] He was sentenced to 15 years and sought post-conviction relief. The District Court found that Erlinger had committed three separate burglaries, making him eligible for the ACCA enhancement.[3] Erlinger objected, arguing that the burglary question should have been found by a jury.[3] The Supreme Court held in Apprendi v. New Jersey that:
"[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt."
The United States District Court for the Southern District of Indiana overruled his objection and re-imposed the 15-year sentence.[3] Erlinger appealed to the United States Court of Appeals for the Seventh Circuit, which affirmed his sentence, holding that the government was only required to prove the burglary question to the judge by a preponderance of the evidence, as opposed to beyond a reasonable doubt.[2][5] The Supreme Court granted certiorari on November 20, 2023.[1]
See also[edit]
References[edit]
- ^ a b "Docket for 23-370". www.supremecourt.gov. Retrieved 2023-12-20.
- ^ a b "United States v. Erlinger, No. 22-1926 (7th Cir. 2023)". Justia Law. Retrieved 2023-12-20.
- ^ a b c "United States v. Erlinger, No. 22-1926 | Casetext Search + Citator". casetext.com. Retrieved 2023-12-20.
- ^ "Apprendi v. New Jersey". Legal Information Institute. Retrieved 2023-12-20.
- ^ "Erlinger v. United States". Oyez. Retrieved 2023-12-20.