122 F.4th 584
5th Cir.2024Background
- Betty Butler pleaded guilty to being a felon in possession of a firearm after a DEA search at her home found a gun and marijuana.
- The government sought an enhanced sentence under the Armed Career Criminal Act (ACCA) based on her three prior serious drug convictions, each allegedly on different occasions.
- Under existing Fifth Circuit precedent at the time, the sentencing judge—not a jury—determined if these prior offenses were on separate occasions.
- The district court found Butler had four qualifying offenses on different occasions and imposed the ACCA's 15-year mandatory minimum sentence.
- After her sentencing, the Supreme Court decided Erlinger v. United States, requiring a jury to make the "different occasions" finding for ACCA enhancements, not a judge.
- Butler appealed, arguing her sentence violated her Sixth Amendment rights in light of Erlinger.
Issues
| Issue | Butler's Argument | Government's Argument | Held |
|---|---|---|---|
| Must a jury, not a judge, decide if prior ACCA predicates occurred on different occasions? | Yes, under Erlinger, this is a jury question required by the Constitution. | Agrees jury should decide post-Erlinger, but argues the error was harmless. | Erlinger applies, error was made. |
| Does failure to provide a jury determination for ACCA enhancements require reversal? | Yes, claims automatic reversal required for this constitutional violation. | No, claims harmless error review applies because any jury would find the same. | Error was harmless; sentence affirmed. |
Key Cases Cited
- Erlinger v. United States, 602 U.S. 821 (2024) (jury must decide if ACCA predicate offenses occurred on different occasions)
- Neder v. United States, 527 U.S. 1 (1999) (Sixth Amendment errors often subject to harmless error analysis)
- Wooden v. United States, 595 U.S. 360 (2022) (interpreting ACCA's "different occasions" requirement)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (facts that increase maximum sentence must be found by jury)
- Alleyne v. United States, 570 U.S. 99 (2013) (facts increasing mandatory minimum must be found by jury)
- Delaware v. Van Arsdall, 475 U.S. 673 (1986) (standard for harmless constitutional errors)