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To: Red Badger

WIKI

Paul Erlinger was charged and convicted of being a felon in possession of a firearm in 2018. 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. Erlinger objected, arguing that the burglary question should have been found by a jury.

The Supreme Court held in Apprendi v. New Jersey that:

“[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”

— Justice Stevens, Apprendi v. New Jersey, 530 U.S. 466, 490 (2000).

https://en.wikipedia.org/wiki/Erlinger_v._United_States

The Wikipedia page has not been updated to reflect the Supreme Court decision.


12 posted on 06/25/2024 9:25:30 AM PDT by Brian Griffin
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To: Brian Griffin

The news on this decision is slow in coming. Couldn’t find it on Google, Bing, or DuckDuckGo.


27 posted on 06/25/2024 9:33:06 AM PDT by wildcard_redneck (He who sacrifices freedom for security deserves neither.)
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