Erlinger v. United States
Headline: Court requires a unanimous jury to decide whether a person’s past crimes happened on separate occasions before an Armed Career Criminal Act 15‑year sentence can be imposed, limiting judge-only sentence increases.
Holding: 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 ACCA purposes.
- Makes prosecutors present jury-proof of prior crimes’ timing to secure ACCA sentences.
- Raises likelihood of bifurcated trials to avoid prejudicing jurors with prior crimes.
- Limits judges’ ability to increase sentences based on their own factual findings.
Summary
Background
A man, Paul Erlinger, pleaded guilty to being a felon in possession of a firearm, a crime that normally carried up to 10 years in prison. The government sought a harsher, mandatory 15‑year sentence under the Armed Career Criminal Act (ACCA) by counting his older burglary convictions as three separate prior offenses. At a resentencing hearing the judge found those past burglaries were on different occasions and imposed the 15‑year term. On appeal the government acknowledged that the factual question about whether past crimes occurred on separate occasions could be intensely factual and that the Constitution might require a jury to decide it. The Supreme Court took the case and appointed counsel to defend the lower-court judgment.
Reasoning
The Court held that the Fifth and Sixth Amendments require a unanimous jury to decide beyond a reasonable doubt whether a defendant’s prior offenses were committed on different occasions for ACCA purposes. The justices relied on prior decisions saying any fact that increases a defendant’s punishment must be proved to a jury, and on Wooden, which described the occasions inquiry as fact‑intensive. The Court explained that the narrow exception allowing judges to note “the fact of a prior conviction” (Almendarez‑Torres) does not permit judges to decide the broader occasions question.
Real world impact
Going forward, prosecutors must have a jury decide the ACCA occasions question or obtain admissions in plea deals; judges cannot resolve that fact on their own to raise sentence exposure. Courts may use procedures like bifurcated trials to avoid unfairly exposing juries to details of a defendant’s past crimes. The Court vacated the Seventh Circuit’s decision and sent the case back for further proceedings.
Dissents or concurrances
Chief Justice Roberts agreed but noted harmless-error review might apply on remand. Justice Thomas urged overruling Almendarez‑Torres in the future. Justices Kavanaugh and Jackson dissented, arguing judges historically could decide recidivism questions and warning of practical and fairness problems with sending such old‑crime inquiries to juries.
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