United States v. Mollo

[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 97-1922 UNITED STATES, Appellee, v. ARTHUR J. MOLLO, III, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. Gene Carter, U.S. District Judge] Before Torruella, Chief Judge Selya and Stahl, Circuit Judges. Richard R. Beauchesne and Peters & Associates, P.A. on brief for appellant. Jay P. McCloskey, United States Attorney, George T. Dilworth and Margaret D. McGaughey, Assistant United States Attorneys, on brief for appellee. December 17, 1997 Per Curiam. Upon careful review, we conclude that the district court did not err in sentencing appellant under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). Appellant contends that he did not have the requisite three convictions for offenses committed on "occasions different from one another," because two of his three predicate offenses were committed on the same day: on February 25, 1987, at 8:40 p.m., appellant and an accomplice attempted to rob a liquor store in Greenwich, Connecticut; and 30 minutes later on the same date, appellant and the same accomplice robbed a variety store in Stamford, Connecticut. We reject that contention. Those two crimes, committed at different times against different victims in different locations, both qualified as predicate offenses for ACCA purposes. See United States v. Hudspeth, 42 F.3d 1015, 1020- 22 (7th Cir. 1994). Affirmed. See 1st Cir. Loc. R. 27.1. -2-