U.S. v. Elliott

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 11-2766
Decision Date: 
December 20, 2012
Federal District: 
N.D. Ind., Hammond Div.
Dist. Ct. did not err in sentencing defendant to 180-month term of incarceration on felon-in-possession of firearm charge after finding that defendant qualified as armed career criminal based on three prior burglaries that occurred over five-day period of time. While defendant argued that his prior burglary convictions should have been treated as single criminal episode, and that he was entitled to have jury resolve said issue, Dist Ct. could properly make determination regarding whether defendant had committed burglaries on occasions different from one another. Moreover, Dist. Ct. could properly find that defendant’s three burglaries were separate offenses for purposes of Armed Career Criminal Act where burglaries occurred on different days and involved different residences and victims.