Supreme Court of the United States / October Term 2023

Erlinger v. United States

Decided June 21, 2024. Neil M. Gorsuch delivered the opinion of the Court.

Docket 23-370 · 602 U.S. 821 · Cited 403 times

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 purposes of the Armed Career Criminal Act, 18 U. S. C. § §924(e)(1).

The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court — read the official opinion for authority.

Official text

Read the official opinion (PDF, supremecourt.gov) (opens primary source in a new tab)

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Neil M. Gorsuch’s profile · All opinions since October Term 2017 · The Supreme Court

Source: Supreme Court of the United States, slip opinions (2024). Citation count from the Free Law Project’s CourtListener bulk data. Data last verified 2026-07-02. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).