Supreme Court Decision Syllabus (SCOTUS Podcast)
We Read The Supreme Court's own Syllabus or Per Curium word for word, then maybe say hin then shut the microphone back off.
We are the Antidote to Mainstream News and Entertainment-Hype Style coverage of the Supreme Court...What they do in the words of the RJD (Recorder of Judicial Decisions) Read by RJ Dieken and friends
Visit Montana's famous Loki Esq Law @ LokiEsq.Law (website) A Criminal Defense and Mediation Lawfirm Operating Statewide.
Be Kind to one another, say hi someday.
RoadsScholar80@gmai
*Note this podcast is for informational and educational purposes only.
Supreme Court Decision Syllabus (SCOTUS Podcast)
Erlinger v. United States (Sixth Amendment -- Jury Trial)
Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.
Erlinger v. United States
Paul Erlinger pleaded guilty to being a felon in possession of a firearm in violation of 18 U. S. C. §922(g). At sentencing, the judge found Mr. Erlinger eligible for an enhanced sentence under the Armed Career Criminal Act, §924(e)(1), which increases the penalty for a 922(g) conviction from a maximum sentence of 10 years to a mandatory minimum sentence of 15 years when the defendant has three or more qualifying convictions for offenses committed on different occasions. Subsequently, the Seventh Circuit held in unrelated decisions that two of the offenses on which the government relied for Mr. Erlinger’s sentence enhancement no longer qualified as ACCA predicate offenses. The District Court vacated Mr. Erlinger’s sentence and scheduled resentencing. At the resentencing hearing, prosecutors again pursued an ACCA sentence enhancement based on a new set of 26-year-old convictions for burglaries committed by Mr. Erlinger over the course of several days. Mr. Erlinger protested that the burglaries were part of a single criminal episode and did not occur on separate occasions, as required by ACCA.
Held: 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 ACCA purposes. Pp. 5–26.
Read by RJ Dieken.
