Professional Documents
Culture Documents
No. 10-5186
Submitted:
Decided:
July 5, 2011
PER CURIAM:
Anthony
Robert
Stokes
pled
guilty
to
one
count
of
922(g)(1)
(2006).
He
now
appeals
his
188-month
district
court
erred
in
finding
that
his
three
prior
committed
on
occasions
different
from
one
another
for
Finding no error,
we affirm.
We review Stokes sentence for reasonableness, using
an
abuse
of
discretion
standard
us
significant
the
to
ensure
that
procedural
advisory
review.
Gall
v.
United
the
error,
sentencing
of
district
such
Guidelines
as
court
committed
improperly
range.
no
calculating
United
States
v.
totality
Although
our
of
the
circumstances.
determination
of
Gall,
whether
the
552
U.S.
ACCA
at
51.
enhancement
from
one
another
is
2
question
of
statutory
592 F.3d 636, 639 n.4 (4th Cir.), cert. denied, 131 S. Ct. 82
(2010).
Under
criminal
the
and
ACCA,
subject
to
defendant
is
fifteen-year
an
armed
mandatory
career
minimum
U.S.
Sentencing
Convictions
occur
Guidelines
on
Manual
occasions
18 U.S.C.
different
4B1.4(a)
from
one
F.3d
332,
omitted).
335
(4th
Cir.
1995)
(internal
quotation
marks
United
States v. Hobbs, 136 F.3d 384, 388 (4th Cir. 1998) (internal
quotation marks and citation omitted).
To determine whether previous convictions arose out of
a
separate
and
(1) whether
locations;
the
(2)
substantively
distinct
criminal
offenses
arose
episode,
in
whether
the
nature
different;
(3)
whether
we
different
of
each
each
consider:
geographic
offense
offense
was
involved
We may
one
of
the
factors
has
strong
presence,
it
can
187
F.3d
429,
431
(4th
United States v.
Cir.
1999)
(quoting
one
another
and,
therefore,
properly
counted
them
as
or
entering
were
separate
and
distinct
criminal
under
the
dispense
with
oral
ACCA,
we
argument
affirm
because
Stokes
the
sentence. *
facts
and
We
legal