Supreme Court of the United States · Official docket →
Paul Erlinger v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1926 · judgment August 10, 2023
Before the decision, about 3.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a dissent in the court below (flagged in the petition).
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). ORDER OF NOVEMBER 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.
Counsel of record
For petitioner
Jeffrey L. Fisher
O'Melveny & Myers LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 merits
(3 respondent)
Argument & decision
Argued March 27, 2024 — Jeffrey L. Fisher · Eric J. Feigin · D. Nick Harper. Audio and transcript
Decided June 21, 2024. Opinion by Gorsuch.
Proceedings
- Jul 23 2024Judgment Issued.
- 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.
- 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.
- Mar 04 2024Reply of respondent United States filed. (Distributed)
- Mar 04 2024Reply of petitioner Paul Erlinger filed. (Distributed)
- Feb 20 2024Motion for divided argument filed by the Solicitor General GRANTED.
- Feb 14 2024CIRCULATED
- Feb 06 2024Motion for divided argument filed by the Solicitor General.
- Feb 05 2024Record received electronically from the United States District Court for the Southern District of Indiana and available with the Clerk.
- Feb 02 2024Brief of Court-appointed amicus curiae in support of the judgment below filed.
- Feb 01 2024Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk.
- Jan 31 2024Record requested from the United States Court of Appeals for the Seventh Circuit.
- Jan 29 2024SET FOR ARGUMENT on Wednesday, March 27, 2024.
- Jan 16 2024Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- 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 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.
- 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.
- Nov 20 2023Petition GRANTED.
- Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
- 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.
- Oct 23 2023Reply of petitioner Paul Erlinger filed. (Distributed)
- Oct 17 2023Brief for the United States filed.
- Oct 04 2023Petition for a writ of certiorari filed. (Response due November 6, 2023)