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United States v. Humphrey, 93-1698 (1995)

Court: Court of Appeals for the First Circuit Number: 93-1698 Visitors: 11
Filed: Sep. 18, 1995
Latest Update: Mar. 02, 2020
Summary: Circuit Judges.Tina Schneider on brief for appellant.(Humphrey also had a previous conviction for manslaughter.locations.Rideout, 3 F.3d 32, 34 (2d Cir. denied, 488 U.S. 857 (1988).
USCA1 Opinion









September 18, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT





____________________

No. 93-1698

UNITED STATES,

Appellee,

v.

GERALD HOYT HUMPHREY,

Defendant, Appellant.



____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. D. Brock Hornby, U.S. District Judge] ___________________

____________________

Before

Selya, Stahl and Lynch,
Circuit Judges. ______________

____________________

Tina Schneider on brief for appellant. ______________
Jay P. McCloskey, United States Attorney, and F. Mark Terison, _________________ ________________
Assistant U.S. Attorney, on brief for appellee.


____________________


____________________

















Per Curiam. Gerald Hoyt Humphrey appeals his ___________

sentencing as an armed career criminal under 18 U.S.C.

924(e), claiming that he did not have the requisite three

convictions for crimes committed on "occasions different from

one another." The district court found that Humphrey's

crimes of armed robbery, on the one hand, and attempted

murder and kidnapping, on the other, had been committed on

different occasions, so that his convictions for those crimes

qualified as two of the required three convictions.

(Humphrey also had a previous conviction for manslaughter.)

As the district court found, those crimes are different in

nature and were committed on different days and at different

locations. We add as well that they were committed against

different victims. Under the circumstances, it is clear that

the district court did not err in sentencing Humphrey as an

armed career criminal. Compare, e.g., United States v. ______________ _____________

Ressler, 54 F.3d 257, 259-60 (5th Cir. 1995); United States _______ ______________

v. Hudspeth, 42 F.3d 1015, 1020-22 (7th Cir. 1994) (en banc), ________

cert. denied, 115 S. Ct. 2252 (1995); United States v. _____________ _____________

Rideout, 3 F.3d 32, 34 (2d Cir.), cert. denied, 114 S. Ct. _______ _____________

569 (1993) (all determining that crimes committed the same

night were committed on different occasions because they were

committed at different times, against different victims, at

different locations); cf. United States v. Gillies, 851 F.2d ___ ______________ _______

492, 497 (1st Cir.) (convictions for robberies of two

















different stores on consecutive days qualified as two of the

three requisite convictions under an earlier version of 18

U.S.C. 924(e)), cert. denied, 488 U.S. 857 (1988). ____________

Affirmed. _________













































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Source:  CourtListener

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