United States v. King, No. 15-4192 (6th Cir. 2017)
Annotate this CaseIn 2002, King pled guilty in Ohio under three indictments, asserting that King and others had robbed and kidnapped Lundberg, robbed and kidnapped Mariano, and committed aggravated robbery against five victims, all “on or about” February 18, 2002. None of the indictments alleged times or locations. Three bills of particulars indicated that the offenses occurred 25 minutes apart and at different locations. Transcripts of King’s plea colloquies are not available. In 2015, King pleaded guilty as a felon possessing a firearm, 18 U.S.C. 922(g)(1), which carries a maximum sentence of 10 years. The Armed Career Criminal Act, 18 U.S.C. 924(e), states, “a person who violates section 922(g) of this title and has three previous convictions . . . for a violent felony . . . committed on occasions different from one another, such person shall be . . . imprisoned not less than fifteen years.” The court relied on the bills of particulars and sentenced King under the ACCA. The Sixth Circuit vacated. In determining whether a defendant’s prior offenses were “committed on occasions different from one another” for purposes of the ACCA, district courts are restricted to using only evidentiary sources approved in the Supreme Court holdings, Taylor v. United States (1990) and Shepard v. United States (2005).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.