United States v. Dantzler, No. 13-2930 (2d Cir. 2014)Annotate this Case
Defendant pled guilty of one count of possession of a firearm as a felon and subsequently appealed his sentence. The court held that, in determining whether crimes were committed "on occasions different from one another" for purposes of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), a court is limited to examining only materials approved by the Supreme Court in Taylor v. United States and Shepard v. United States. The court also held that a court may not rely upon a Presentence Report in determining whether crimes were committed "on occasions different from one another" for purposes of applying the ACCA, where the relevant facts described in the PSR were not derived from sources determined to be consistent with Taylor and Shepard. Accordingly, the court vacated and remanded for resentencing.