Английская Википедия:Erlinger v. United States
Шаблон:Infobox US Supreme Court caseШаблон:Short description 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
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:
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][4] The Supreme Court granted certiorari on November 20, 2023.[1]
See also
References
- Английская Википедия
- United States Sixth Amendment sentencing case law
- United States Supreme Court cases
- United States Supreme Court cases of the Roberts Court
- United States Fifth Amendment case law
- Armed Career Criminal Act case law
- Sentencing (law)
- Juries
- Страницы, где используется шаблон "Навигационная таблица/Телепорт"
- Страницы с телепортом
- Википедия
- Статья из Википедии
- Статья из Английской Википедии