# United States v. Thomas L. Hudspeth

> Court of Appeals for the Seventh Circuit · October 28, 1994 · 42 F.3d 1015

URL: https://www.frixlaw.com/law-library/cases/9487608

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Thomas L. HUDSPETH, Defendant-Appellant
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** October 28, 1994
- **Citations:** 42 F.3d 1015; 1994 U.S. App. LEXIS 30123; 1994 WL 592706
- **Precedential status:** Published
- **Opinion:** Concurrence by Bauer
- **Judges:** Posner, Fairchild, Cummings, Bauer, Coffey, Flaum, Easterbrook, Ripple, Manion, Kanne, Rovner
- **Cited by:** 132 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled — as noted by a later court.
- Negative treatments: 3
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9487608

## How later opinions describe it (automated extraction)

- 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 n…
- 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

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9487608. Public record. Not legal advice.