UNITED STATES v. QUARTERMAN (2021)

[Unpublished]

Curlie Quarterman pleaded guilty to being a felon in possession of a firearm and Hobbs Act robbery. See 18 U.S.C. §§ 922(g)(1), 1951(a). The district court ¹ consolidated the cases and gave him a 228-month sentence. In an Anders brief, Quarterman's counsel argues that two prior felonies should have been treated as one under the Armed Career Criminal Act because they were not committed on “occasions different from one another.” 18 U.S.C. § 924(e).

We conclude that the district court did not plainly err in concluding otherwise. See United States v. Boman, 873 F.3d 1035, 1040 (8th Cir. 2017) (reviewing an ACCA determination for plain error in the absence of an on-point objection); see also United States v. Humphrey, 759 F.3d 909, 911 (8th Cir. 2014) (explaining when felonies are committed on different occasions). Nor, under circuit precedent, did the issue need to be decided by a jury. See United States v. Harris, 794 F.3d 885, 887 (8th Cir. 2015) (stating that whether prior offenses were committed on different occasions is a recidivism-related fact that is for the district court to determine).

Finally, we have independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw.

FOOTNOTES

1.   The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.

PER CURIAM.