Paul Erlinger was charged and convicted of being a felon in possession of a firearm in 2018.

The District Court found that Erlinger had committed three separate burglaries, making him eligible for the ACCA enhancement.

[2] The Supreme Court held in Apprendi v. New Jersey that: "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.

[2] Erlinger appealed to the United States Court of Appeals for the Seventh Circuit, which affirmed his sentence, holding that the government was only required to prove the burglary question to the judge by a preponderance of the evidence, as opposed to beyond a reasonable doubt.

[5] Text of Erlinger v. United States, 602 U.S. ___ (2024) is available from: Cornell Justia Oyez (oral argument audio) Supreme Court (slip opinion)