United States v. Mollo

USCA1 Opinion












[NOT FOR PUBLICATION]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
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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. ________ ___



















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