United States v. Cole, No. 14-2183 (8th Cir. 2015)
Annotate this CaseCole pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The district court determined that Cole’s minimum sentence should be increased under the Armed Career Criminal Act (ACCA) because he has three prior convictions for burglary – “a violent felony or a serious drug offense.” 18 U.S.C. 924(e)(1). In order for the sentencing enhancement to apply under the ACCA, the three prior convictions must be for offenses that were “committed on occasions different from one another.” Cole’s presentence investigation report (PSR) revealed that Cole has Missouri convictions for burglaries committed on July 20, 2005, March 1, 2007, and October 24, 2008. Neither Cole nor his lawyer objected to these PSR findings. The Eighth Circuit affirmed In Alleyne v. United States (2013), the Supreme Court ruled that any fact that increases the mandatory minimum sentence for a crime is an element of the crime that must be either admitted by a defendant or submitted to a jury. The Court specifically noted that it was leaving the “fact of prior conviction” exception intact. The determination of whether prior felonies occurred on separate occasions does not require “findings of fact beyond the mere fact of a prior conviction.”
Court Description: Criminal case -Sentencing. The determination of whether prior felonies occurred on separate occasions for sentencing purposes does not require findings of fact beyond the mere fact of a prior conviction and the district court may make this determination without submitting the matter to a jury. [ February 25, 2015
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