United States Second Circuit

Defendant's sentence for being a felon in possession of a firearm is affirmed where: 1) two of defendant's prior offenses were "committed on occasions different from one another" and therefore were properly counted as two separate Armed Career Criminal Act-qualifying convictions; and 2) it was appropriate for the district court to look to defendant's record of conviction -- including the plea transcript -- to determine that defendant was convicted of assaulting employees of the department of correction.

Appellate Information

• Decided 01/05/2011
• Published 01/05/2011

Judges

• Array

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard C. Marquette, Brian P. Leaming