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United States of America v. Jermaine Sims

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ARGUED APRIL 19, 2012

Before EASTERBROOK, Chief Judge, and FLAUM and WOOD, Circuit Judges.

Jermaine Sims pleaded guilty to possessing a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g). The district court sentenced Sims to 180 months’ imprisonment after it determined that three of Sims’s previous convictions triggered the Armed Career Criminal Act’s (ACCA) 15-year mandatory mini- mum. Sims appeals only his sentence. He argues that the ACCA sentencing enhancement should not apply to him because two of his three prior convictions–one for selling cocaine and the other for possessing cocaine with intent to deliver–were not committed “on occasions different from one another.” 18 U.S.C. § 924(e)(1). Although we can imagine some circumstances in which sales and possession offenses, even if separated by some time, might appropriately be found to have occurred on the same “occasion,” that is not the case here. Sims’s two offenses were separated by a week. We thus find no error in the district court’s determination that the two were “committed on occasions different from one another,” 18 U.S.C. § 924(e)(1). That means that the necessary three predicate offenses for ACCA purposes are present, and that Sims’s sentence must be affirmed.

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