United States DC Circuit

Defendant's firearm possession sentence is vacated where 1) the law of the case doctrine precluded the district court from revisiting its determination at resentencing; and 2) the government adequately established that defendant committed the requisite predicate offenses under the Armed Career Criminal Act (ACCA) "on occasions different from one another" so as to subject defendant to the ACCA's mandatory 15-year sentence.

Appellate Information

• Argued 04/23/2009
• Decided 07/21/2009
• Published 07/21/2009

Judges

• Before:  GINSBURG, HENDERSON and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellees:
  
• SuzAnne C. Nyland, Assistant United States Attorney, argued the cause for the appellant/cross-appellee.  Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III and George P. Eliopoulos, Assistant United States Attorneys, were on brief., A.J. Kramer, Federal Public Defender, argued the cause for the appellee/cross-appellant.  Michelle M. Peterson, Assistant Federal Public Defender, entered an appearance.