United States v. McCloud, No. 14-14547 (11th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to being a convicted felon in possession of a firearm that traveled interstate. The district court determined that defendant's three prior armed robbery convictions were committed on separate occasions and thus he could be sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). The court concluded that the charging documents, plea colloquy transcript, and paragraph 29 of the PSI do not provide “reliable and specific evidence” reflecting three violent felonies that defendant “committed on occasions different from one another.” Because the documents are vague as to which offense(s) they relate, even when taken collectively they do not satisfy the Government’s evidentiary obligations. Therefore, the burden of showing that defendant is an armed career criminal is not met and the district court erroneously applied the 15-year ACCA sentencing enhancement. The court vacated and remanded for resentencing.
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