Erlinger v. United States
| 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.
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| Date | Proceedings and Orders |
|---|---|
| 10/04/2023 | Petition for a writ of certiorari filed. (Response due November 6, 2023) |
| 10/17/2023 | Brief for the United States filed. |
| 10/23/2023 | Reply of petitioner Paul Erlinger filed. (Distributed) |
| 10/24/2023 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| 10/24/2023 | DISTRIBUTED for Conference of 11/9/2023. |
| 11/13/2023 | DISTRIBUTED for Conference of 11/17/2023. |
| 11/20/2023 | Petition GRANTED. |
| 11/21/2023 | D. Nick Harper, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
| 01/03/2024 | Brief of petitioner Paul Erlinger filed. |
| 01/03/2024 | Brief of respondent United States in support of petitioner filed. |
| 01/03/2024 | Motion to dispense with printing the joint appendix filed by petitioner Paul Erlinger. |
| 01/10/2024 | Brief amicus curiae of FAMM filed. |
| 01/10/2024 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 01/10/2024 | Brief amicus curiae of National Association of Federal Defenders filed. |
| 01/16/2024 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 01/29/2024 | SET FOR ARGUMENT on Wednesday, March 27, 2024. |
| 01/31/2024 | Record requested from the United States Court of Appeals for the Seventh Circuit. |
| 02/01/2024 | Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk. |
| 02/02/2024 | Brief of Court-appointed amicus curiae in support of the judgment below filed. |
| 02/05/2024 | Record received electronically from the United States District Court for the Southern District of Indiana and available with the Clerk. |
| 02/06/2024 | Motion for divided argument filed by the Solicitor General. |
| 02/14/2024 | CIRCULATED |
| 02/20/2024 | Motion for divided argument filed by the Solicitor General GRANTED. |
| 03/04/2024 | Reply of respondent United States filed. (Distributed) |
| 03/04/2024 | Reply of petitioner Paul Erlinger filed. (Distributed) |
| 03/27/2024 | Argued. 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. |
| 06/21/2024 | Judgment 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. |
| 07/23/2024 | Judgment Issued. |