United States v. Southers, No. 15-6395 (6th Cir. 2017)Annotate this Case
In 2014, Defendant was arrested on an outstanding warrant. Pursuant to a search incident to arrest, police found on Defendant’s person 17 rounds of ammunition. Defendant pleaded guilty as a felon in possession of ammunition, 18 U.S.C. 922(g)(1), without a plea agreement. The probation office classified Defendant as an armed career criminal under 18 U.S.C. 924(e), due to Defendant’s two prior robbery convictions and one prior attempted-aggravated-robbery conviction. The designation enhanced Defendant’s sentencing range to 15 years to life imprisonment. At sentencing, Defendant’s only objection was that his convictions for robbery and attempted aggravated robbery on May 24, 2000, should be considered a single event under ACCA.. Each indictment listed a distinct business as the victim; the corresponding judgment cross-referenced the relevant indictment. The district court found that, despite possibly being connected by one conspiratorial agreement, the two robberies were “legally and factually distinct,” and therefore were “properly considered separate offenses,” but granted the government’s motion to reduce Defendant’s sentence (U.S.S.G. 5K1.1 and 18 U.S.C. 3553(e), and sentenced Defendant to 110 months’ imprisonment. The Sixth Circuit affirmed, noting that Defendant admitted under oath that he and his partner “planned to hit two stores.”
This opinion or order relates to an opinion or order originally issued on May 8, 2017.