Erlinger v. United States

In this case, the court considered this issue: Does the Constitution require 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?    The case was decided on June 21, 2024. The Supreme Court held that 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. Justice Neil Gorsuch authored the 6-3 majority opinion of the Court. The Fifth and Sixth Amendments require that any fact that increases the prescribed range of penalties to which a criminal defendant is exposed must be found by a jury beyond a reasonable doubt. This principle applies to both facts that increase the maximum sentence and facts that increase the minimum sentence.  In Erlinger's case, determining whether his prior offenses occurred on at least three separate occasions (as required by the Armed Career Criminal Act) involved finding facts that increased both his minimum and maximum potential sentences. Therefore, this determination should have been made by a jury, not a judge. This factual determination does not fall under the narrow Almendarez-Torres exception, which allows judges to find only the fact of a prior conviction. The occasions inquiry requires going beyond simply identifying prior convictions and their elements. While there may be practical concerns about prejudicing defendants by presenting evidence of prior crimes to juries, these can be addressed through procedural tools like bifurcated trials. Constitutional requirements cannot be set aside for efficiency or practicality reasons. Chief Justice John Roberts and Justice Clarence Thomas wrote separate concurring opinions. Justice Brett Kavanaugh wrote a dissenting opinion, which Justice Samuel Alito joined and Justice Ketanji Brown Jackson joined in part. Justice Jackson wrote a separate dissenting opinion. The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.