United States Fourth Circuit

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.

Appellate Information

• Argued 12/03/2009
• Decided 01/26/2010
• Published 01/26/2010

Judges

• Before WILKINSON, SHEDD, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Joseph Edward Zeszotarski, Jr., Poyner Spruill, LLP, Raleigh, North Carolina, for Appellant. John Stuart Bruce, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF:George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.