In Wooden, The court explores the meaning of the word "occasion" used in the Armed Career Criminal Act. The case may have some relevance when deciding Quiroz type questions while litigating unreasonable multiplication claims (or cumulative convictions claims in international criminal law). Justices Sotomayor, Kavanaugh, and Barrett with Thomas, and Gorsuch joined by Sotomayor wrote separately to concur.
Prof. Doug Berman's take here.
Volokh Conspiracy's take is here.
The Courts of Appeals have divided over the meaning of ACCA’s “occasions” clause. Some Circuits, like the Sixth, deem the clause satisfied whenever crimes take place at different moments in time—that is, sequentially rather than simultaneously. Other Circuits undertake a more holistic inquiry, considering not merely the precise timing but also other circumstances of the crimes. We granted certiorari, 592 U. S. ___ (2021), to resolve that split of authority.
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
-Current Term Opinions
Joint R. App. Pro.
Army Crim. L. Deskbook