#Armed Career Criminal Act

Lawlexblog.com

"Power to the People: Why the Armed Career Criminal Act is Unconstitutional"

The title of this post is the title of this notable new article authored by Rachel Paulose and now available via SSRN. Here is its abstract:. In our constitutional democracy, it is the people who hold ultimate power over every branch of government, including authority over the judiciary through the jury trial guarantee of the Sixth Amendment. However, the traditional view of recidivist statutes, including the federal Armed Career Criminal Act (“ACCA”), exempts the fact of a defendant’s prior convictions from the Sixth Amendment jury trial promise. Specifically, prosecutors and federal judges have removed from juries and given to sentencing judges the power to determine prior crimes that enhance a defendant’s sentence under the ACCA by labeling a recidivist finding a sentencing factor rather than an element of the offense.
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Congress & Courtslexblog.com

As Eleventh Circuit works though ACCA "occasions different" mess, Judge Newson flags

A helpful reader alerted me to an interesting new split Eleventh Circuit panel decision in US v. Dudley, No. 19-10267 (7th Cir. July 22, 2021) (available here), concerning application of the severe mandatory minimum in the federal Armed Career Criminal Act. As regular readers know, ACCA converts the 10-year maximum prison term for illegal gun possession by a felon into a 15-year mandatory minimum if the defendant has the wrong kind of prior convictions. The basic issue in Dudley is a topic also to be considered by the Supreme Court this fall in Wooden v. US, namely ACCA’s requirement that key prior offenses needed to be “committed on occasions different from one another.” In Wooden, the facts of the prior convictions are not in dispute, and so the Supreme Court will likely just explore the legal meaning of “occasions different from one another.” In Dudley, part of the debate concerns uncertainty about the facts of the prior convictions, and so the Eleventh Circuit panel has to discuss how these facts can be proved.
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Politicslegaltalknetwork.com

Reckless but not Violent

The Supreme Court gave the Armed Career Criminal Act (ACCA) an update with a recent decision but where does that leave state criminal laws? Will our streets become more dangerous? Professor Douglas Berman from The Ohio State University Moritz College of Law returns to do a lot of law-splainin’. Special...
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