Conviction of defendant for being a felon in possession of a firearm and sentence as an armed career criminal to 262 months’ imprisonment is affirmed as, although defendant’s crimes are substantively the same and arguably had the same criminal objective, the combination of factors establishes that defendant’s prior felonies were separate and distinct criminal episodes for purposes of the ACCA. 

Read US v. Carr, No. 08-5037

Appellate Information

Argued: December 3, 2009

Decided: January 26, 2010

Judges

Opinion by Chief Judge  Shedd

Counsel

For Appellant:  Joseph Edward Zeszotarski, Jr., Poyner Sprull, LLP

For Appellee:   John Stuart Bruce, Office of the United States Attorney

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