Opinion

United States v. Michael James Brady

  • 988 F.2d 664
  • 1993 U.S. App. LEXIS 5201
  • 1993 WL 76932
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 22, 1993
Status
Published
Author
Martin
On the bench
Merritt, Keith, Kennedy, Martin, Jones, Milburn, Guy, Nelson, Ryan, Boggs, Norris, Suhrheinrich, Siler, Batchelder, Lively
Cited by
98 cases
Authority
More cited than 25.8%

holding that defendant’s prior armed robbery convictions were separate because they were “against different No. 15-6395 United States v. Southers Page 9 victims at different places and at distinctly different times,” where they were at distinct businesses and separated by approximately forty-five minutes

How later courts described this case

  • holding that defendant’s prior armed robbery convictions were separate because they were “against different No. 15-6395 United States v. Southers Page 9 victims at different places and at distinctly different times,” where they were at distinct businesses and separated by approximately forty-five minutes
  • holding that defendant’s prior armed robbery convictions were separate because they were “against different victims at different places and at distinctly different times,” where they were at distinct businesses and separated by approximately forty-five minutes
  • concluding that a defendant’s prior robbery convictions were separate offenses because, “although committed within less than an hour of each other,” the crimes were committed at “different times and places and against different victims”
  • holding that two armed robberies of two different, neighboring businesses, committed by the defendant within thirty minutes of one another, were committed on “occasions different from one another” for purposes of the ACCA

Written by the judges who cited it.

The opinion

BOYCE F. MARTIN, JR., Circuit Judge,

dissenting.

I concur in the dissent of Judge Jones. I cannot join in an opinion which states, “we believe that offenses committed by a defendant at different times and places and against different victims, although committed within less than an hour of each other, are separate and distinct criminal episodes and that convictions for those crimes should be counted as separate predicate convictions under § 924(e)(1).” United States v. Brady, 914 F.2d 258 (6th Cir.1993) (en bane). If this is what Congress intended, this is what Congress should have said. Because Congress did not say clearly that was the statutory intent, I cannot join in the conclusion that there is no ambiguity in section 924(e)(1).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.