Opinion

United States v. Thomas L. Hudspeth

  • 42 F.3d 1015
  • 1994 U.S. App. LEXIS 30123
  • 1994 WL 592706
Court
Court of Appeals for the Seventh Circuit
Filed
Oct 28, 1994
Status
Published
Author
Bauer
On the bench
Posner, Fairchild, Cummings, Bauer, Coffey, Flaum, Easterbrook, Ripple, Manion, Kanne, Rovner
Cited by
132 cases

Overruled — as noted by a later court

holding that a certified record of conviction satisfies the Government's burden and the defendant must then establish that the prior convictions occurred on one occasion

How later courts described this case

  • holding that a certified record of conviction satisfies the Government's burden and the defendant must then establish that the prior convictions occurred on one occasion
  • concluding that defendant who sequentially burglarized three separate businesses in the span of thirty minutes had committed three different offenses for purposes of the armed career criminal sentence enhancement
  • noting that Taylor applies to the issue as to whether a prior offense constituted a "violent felony” under the ACCA, which is to be decided only by reference to the statutory definition of the crime, and not the particular facts underlying the conviction, whereas Taylor does not apply to the question whether multiple prior offenses occurred on more than one "occasion” under the ACCA, which frequently necessitates reference not only to the charging documents but to other evidence, such as police reports
  • holding that each unlawful entry was a separate and distinct episode where defendants burglarized three adjacent businesses in a strip mall over the course of thirty minutes

Written by the judges who cited it.

Later courts went against this

  • Overruled — as noted by a later court

    and permitting the consideration of police reports for the different occasion inquiry, 42 F.3d at 1019 n. 3, is no longer good law.
    medium confidence
  • Abrogated on other grounds by Shepard v. United States, 544 U.S. 13 (2005)

    re “committed on occasions different from one another” under the ACCA turns on whether the defendant “could have chosen to end his criminal activity” between- the two. 3 F.3d at 35; see also United States v. Elliott, 703 F.3d 378, 383 (7th Cir.2012) (noting “a court’s inquiry as to the timing of the prior offenses ‘is simple: were the crimes simultaneous or were they sequential?’” (quoting United States v. Hudspeth,…
    Supreme Court of the United StatesMar 7, 20054 citing opinionsother groundsRead it
  • Abrogated on other grounds by United States v. James Elliott, 703 F.3d 378 (2012)

    42 F.3d 1015, 1025 (7th Cir. 1994), abrogated on other grounds by United States v. Elliott, 703 F.3d 378, 388
    Court of Appeals for the Seventh CircuitDec 20, 20122 citing opinionsother groundsRead it

The opinion

BAUER, Circuit Judge,

concurring.

I concur. My concurrence is both simple and, as far as it goes, complete. I believe the defendant was appropriately sentenced because, in my opinion, the record shows three separate crimes against separate victims and not a single crime or criminal occasion (whatever that is).

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.

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