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Supreme Court says jury must decide whether prior convictions count separately for ACCA enhancement
Summary
In Erlanger v. United States the Court held that whether prior convictions were committed on separate occasions — a fact that can trigger the Armed Career Criminal Act enhancement — must be decided by a jury; lower courts should consider bifurcated proceedings to protect defendants.
The Supreme Court in Erlanger v. United States held that a jury, not a judge, must decide whether a defendant's prior convictions were committed on separate occasions for purposes of the Armed Career Criminal Act (ACCA), a determination that can trigger a mandatory, enhanced sentence.
Francesca Williams, education attorney at the Federal Judicial Center, introduced the case as involving Paul Erlanger, who pleaded guilty to being a felon in possession of a firearm. Laurie Levinson, a law professor and David W. Burcham Chair in Ethical Advocacy at Loyola Law School,…
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