U.S. v. Santana

Defendant pleaded guilty to unlawful possession of a firearm as a convicted felon and was sentenced under the Armed Career Criminal Act and defendant appealed. While on appeal, the supreme court held that a jury must make the different-occasions determination that is a prerequisite to sentencing under the Act and that the jury must make the finding unanimously and beyond a reasonable doubt. Defendant argued that plain error occurred because in his case the judge and not the jury made the determination by a preponderance of the evidence. The Seventh Circuit agreed, vacated defendant’s sentence, and remanded for resentencing. (JACKSON-AKIWUMI, concurring and KIRSCH, specially concurring)