September 18, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 93-1698
UNITED STATES,
Appellee,
v.
GERALD HOYT HUMPHREY,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
Before
Selya, Stahl and Lynch,
Circuit Judges.
Tina Schneider on brief for appellant.
Jay P. McCloskey, United States Attorney, and F. Mark Terison,
Assistant U.S. Attorney, on brief for appellee.
Per Curiam. Gerald Hoyt Humphrey appeals his
sentencing as an armed career criminal under 18 U.S.C.
924(e), claiming that he did not have the requisite three
convictions for crimes committed on "occasions different from
one another." The district court found that Humphrey's
crimes of armed robbery, on the one hand, and attempted
murder and kidnapping, on the other, had been committed on
different occasions, so that his convictions for those crimes
qualified as two of the required three convictions.
(Humphrey also had a previous conviction for manslaughter.)
As the district court found, those crimes are different in
nature and were committed on different days and at different
locations. We add as well that they were committed against
different victims. Under the circumstances, it is clear that
the district court did not err in sentencing Humphrey as an
armed career criminal. Compare, e.g., United States v.
Ressler, 54 F.3d 257, 259-60 (5th Cir. 1995); United States
v. Hudspeth, 42 F.3d 1015, 1020-22 (7th Cir. 1994) (en banc),
cert. denied, 115 S. Ct. 2252 (1995); United States v.
Rideout, 3 F.3d 32, 34 (2d Cir.), cert. denied, 114 S. Ct.
569 (1993) (all determining that crimes committed the same
night were committed on different occasions because they were
committed at different times, against different victims, at
different locations); cf. United States v. Gillies, 851 F.2d
492, 497 (1st Cir.) (convictions for robberies of two
different stores on consecutive days qualified as two of the
three requisite convictions under an earlier version of 18
U.S.C. 924(e)), cert. denied, 488 U.S. 857 (1988).
Affirmed.
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