United States v. Barbour, No. 13-5653 (6th Cir. 2014)
Annotate this CaseMore than 10 years ago, Barbour and accomplices robbed a convenience store and a motorist sitting in his vehicle in front of the store. Barbour was convicted of both aggravated robberies in a single proceeding. In 2013 Barbour pleaded guilty to possessing ammunition as a convicted felon, 18 U.S.C. 922(g). The district court concluded that the robbery in the convenience store’s lot and the robbery of the store constituted two offenses “committed on occasions different from one another” under 18 U.S.C. 924(e), so that Barbour had three qualifying offenses under that statute and was subject to a 15-year mandatory-minimum sentence. The Sixth Circuit vacated, holding that the burden to show that the offenses were committed on occasions different from one another, like the burden to show that the offenses were qualifying violent felonies, rests with the government. The prosecution did not show that the robbery of the motorist ended before the robbery of the convenience store clerk began.
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