The U.S. Supreme Court on Monday agreed to hear an appeal from an Indiana defendant claiming the Constitution requires that juries, not judges, determine whether someone qualifies for a sentencing enhancement targeting armed career criminals.
Paul Erlinger is serving a 15-year sentence after having been convicted of being a felon in possession of several firearms. Erlinger’s lawyers have told the Supreme Court a district judge violated his Fifth and Sixth amendment rights by finding he was subject to an enhancement under the federal Armed Career Criminal Act due to his criminal record.