The High Court Report27 Mar 2024

Oral Argument: Erlinger v. United States | Case No. 23-370 | Date Argued: 3/27/24 | Date Decided: 6/21/24

Link to Docket: Here.

Question 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).

Holding: The Fifth and Sixth Amendments require a unanimous jury to make the determination beyond a reasonable doubt that a defendant's past offenses were committed on separate occasions for purposes of the Armed Career Criminal Act.

Result: Vacated and remanded.

Voting Breakdown: 6-3. Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Sotomayor, Kagan, and Barrett joined. Chief Justice Roberts and Justice Thomas filed concurring opinions. Justice Kavanaugh filed a dissenting opinion, in which Justice Alito joined, and in which Justice Jackson joined except as to Part III. Justice Jackson filed a dissenting opinion.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Jeffrey L. Fisher, Menlo Park, Cal.
For Respondent supporting Petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D.C.
For Court-appointed Amicus Curiae in support of the judgment below: D. Nick Harper, Washington, D.C.

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