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Erlinger v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
23-370 7th Cir. Mar 27, 2024
 Jun 21, 2024 6-3 Gorsuch OT 2023

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.

Judgment: Vacated and remanded, 6-3, in an opinion by Justice Gorsuch on June 21, 2024. 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 04 2023Petition for a writ of certiorari filed. (Response due November 6, 2023)
Oct 17 2023Brief for the United States filed.
Oct 23 2023Reply of petitioner Paul Erlinger filed. (Distributed)
Oct 24 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 20 2023Petition GRANTED.
Nov 21 2023D. Nick Harper, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Jan 03 2024Brief of petitioner Paul Erlinger filed.
Jan 03 2024Brief of respondent United States in support of petitioner filed.
Jan 03 2024Motion to dispense with printing the joint appendix filed by petitioner Paul Erlinger.
Jan 10 2024Brief amicus curiae of FAMM filed.
Jan 10 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 10 2024Brief amicus curiae of National Association of Federal Defenders filed.
Jan 16 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 29 2024SET FOR ARGUMENT on Wednesday, March 27, 2024.
Jan 31 2024Record requested from the United States Court of Appeals for the Seventh Circuit.
Feb 01 2024Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk.
Feb 02 2024Brief of Court-appointed amicus curiae in support of the judgment below filed.
Feb 05 2024Record received electronically from the United States District Court for the Southern District of Indiana and available with the Clerk.
Feb 06 2024Motion for divided argument filed by the Solicitor General.
Feb 14 2024CIRCULATED
Feb 20 2024Motion for divided argument filed by the Solicitor General GRANTED.
Mar 04 2024Reply of respondent United States filed. (Distributed)
Mar 04 2024Reply of petitioner Paul Erlinger filed. (Distributed)
Mar 27 2024Argued. 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.
Jun 21 2024Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., and Thomas, J., filed concurring opinions. Kavanaugh, J., filed a dissenting opinion, in which Alito, J., joined, and in which Jackson, J., joined except as to Part III. Jackson, J., filed a dissenting opinion.