Past Offenses and Jury Determinations (Part 3)

by | Oct 11, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Justice Gorsuch continued in relevant part: The government concedes what all of this means for Mr. Erlinger. To trigger ACCA’s mandatory minimum, the government had to prove, among other things, that his three predicate convictions were “committed on occasions different from one another.” §924(e)(1). And as Wooden observed, deciding whether those past offenses occurred on three or more different occasions is a fact-laden task. As the government recognizes, virtually “any fact” that “increases the prescribed range of penalties to which a criminal defendant is exposed” must be resolved by a unanimous jury beyond a reasonable doubt (or freely admitted in a guilty plea). Apprendi, 530 U. S., at 490.

Here, the sentencing court made a factual finding that Mr. Erlinger’s offenses occurred on at least three separate occasions. And as in Apprendi and Alleyne, that factual finding had the effect of increasing both the maximum and minimum sentences Mr. Erlinger faced. Thus, Mr. Erlinger was entitled to have a jury resolve ACCA’s occasions inquiry unanimously and beyond a reasonable doubt. This Court decides no more than that.

Court-appointed amicus cannot avoid this conclusion. Amicus relies on an exception announced in Almendarez Torres v. United States, 523 U. S. 224, which he argues permits a judge to find certain facts related to a defendant’s past offenses, including whether he committed them on different occasions. That decision is an outlier. And the Court has described it as “at best an exceptional departure” from historic practice. Apprendi, 530 U. S., at 487. It persists as a “narrow exception” permitting judges to find only “the fact of a prior conviction.” Alleyne, 570 U. S., at 111, n. 1.

Amicus responds that if Almendarez-Torres permits a judge to find the fact of a conviction, that necessarily implies that a judge may also find the jurisdiction in which the underlying offense occurred and the date it happened, which is generally enough to resolve the occasions inquiry, making sending it to a jury pointless. This Court disagrees.

Amicus appears to make a good point that is consistent with the Rules of Evidence and Judicial Notice. Evidence Rule 201 allows judges to take notice of prior testimony admitted in another proceeding. A defendant’s factual basis regarding prior convictions will almost always include the date of the prior offense. Thus, the transcripts of a defendant’s prior guilty pleas should be permitted bases for a sentencing judge to find the existence and dates of relevant prior offenses.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
Realmente es un gran abogado, me ayudo muchísimo en todo este proceso y sobre todo que habla español que es una de las cosas importantes para mi. Por que lo hizo mas entendible y facil cada una de las cosas que tenía que hacer y su amabilidad y paciencia para poder explicarme qué tenía que hacer. Además que mi caso fue un éxito gracias a él ya cada uno de sus conocimientos y a su apoyo en todo momento. Lo recomiendo 100%.
Luis A
Google star 1Google star 2Google star 3Google star 4Google star 5
My boyfriend used Fred Sisto twice and had nothing but positive results. Fred was professional, courteous, and punctual. His office was also very attentive and understanding when he had to speak with them regarding his case. I would recommend using Fred to anyone in the monmouth or ocean county region if they had any criminal case regarding the possession of marijuana
C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
Mildred T
Google star 1Google star 2Google star 3Google star 4Google star 5
Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
Nam N
Google star 1Google star 2Google star 3Google star 4Google star 5
Exquisite business ethic couldn't ask for a better service from a lawyer superior job def recommend to friends family and even strangers
Lukas A
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is fast, attentive and excels at what he does. He provides reasonable and professional advice when your are dealing with complex and stressful legal situations. He is straight to the point and does not wast time. I would use him again and definitely recommend.
1093Nj