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Certiorari for ACCA Sentencing Granted: Erlinger v. United States

Certiorari for ACCA sentencing could have a significant impact on the sentences of many incarcerated individuals.

In a significant grant of certiorari for ACCA sentencing, the Supreme Court has chosen to hear the case Erlinger v. United States.  When the Court grants certiorari, it means they are committing to hear and decide on a case. Understanding this process, it's noteworthy that out of over 7,000 cases presented each year, the Court selects only around 100-150 for review.

Why Erlinger v. United States Matters

The heart of the matter, according to the prosecutor’s brief, revolves around the question: “Whether the Constitution requires that a jury find (or the defendant admit) that a defendant’s predicate offenses were ‘committed on occasions different from one another’ before the defendant may be sentenced under the Armed Career Criminal Act of 1984, 18 U.S.C. 924(e)(1).”

In simpler terms, this case challenges the requirement for a jury to establish or the defendant to admit that their previous offenses occurred on separate occasions before being sentenced under the Armed Career Criminal Act (ACCA). This law has a significant impact on the sentences of many incarcerated individuals.

The Armed Career Criminal Act

The Armed Career Criminal Act (ACCA) is a law in the United States that deals with sentencing for certain individuals who have committed serious crimes. This law applies to people who have been convicted of illegal possession of a firearm and have a history of previous serious criminal offenses.

This is designed to address the issue of illegal firearm possession among individuals with a history of serious criminal behavior. It aims to make sure that those who repeatedly break the law face more significant consequences, especially if their past crimes happened on separate occasions. You care read more on the the Federal Sentencing Commission report here.

Impact of Certiorari for ACCA Sentencing

For families and friends of those behind bars, the outcome of Erlinger v. United States holds potential consequences for the sentences of their loved ones affected by the ACCA. This decision could bring changes that impact the duration and terms of imprisonment for many individuals.

As the case progresses, we will keep you updated on any developments and insights into how it might affect those currently serving sentences under the ACCA. Stay tuned for more information on this crucial legal matter.

Questions and Answers on the Erlinger Case

Q:  Can I file a motion for relief based on the Supreme Court's granting of cert in the Erlinger case?  If not now, then when?

A: No, not yet. In order to receive relief based on the Erlinger case, we would have to wait to see how the court decides it. Most current inmates will only be able to file if the Supreme Court creates a newly recognized right or a new rule of constitutional law that is deemed retroactive on collateral review. These sort of concepts get tricky, so when the court rules we will issue an explainer on who will be able to benefit from the decision.

If anything here applies to you, contact us today.

At The Law Office of Jeremy Gordon, we fight aggressively for our clients. We are experienced, and know what it takes to present a successful defense in a federal criminal case. For prompt, courteous and skilled representation as your federal criminal defense attorney, contact us today to schedule a free phone consultation.
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