Filed: Oct. 20, 2021
Latest Update: Oct. 21, 2021
Case: 21-60318 Document: 00516062658 Page: 1 Date Filed: 10/20/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
No. 21-60318 October 20, 2021
Summary Calendar Lyle W. Cayce
United States of America,
Deonte Terrell Proctor,
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:17-CR-141-1
Before Wiener, Dennis, and Haynes, Circuit Judges.
Deonte Terrell Proctor appeals the sentence imposed following his
conviction for possession of a firearm by a felon, in violation of 18 U.S.C.
§ 922(g). The district court sentenced Proctor under the Armed Career
Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), based on his three state
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-60318 Document: 00516062658 Page: 2 Date Filed: 10/20/2021
convictions for selling cocaine committed on April 8, 2009, April 14, 2009,
and April 20, 2009.
On appeal, Proctor argues that the district court erred in sentencing
him under the ACCA. Our review is de novo. United States v. McGee, 460
, 668 (5th Cir. 2006). In the alternative, Proctor requests a stay of
his appeal until United States v. Wooden, 945 F.3d 498
(6th Cir. 2019), cert.
granted, 141 S. Ct. 1370
(2021), is decided by the United States Supreme
Proctor’s three prior state drug convictions were for offenses that
were committed sequentially, not simultaneously, and, thus were offenses
“committed on occasions different from one another” as required by the
ACCA. § 924(e)(1); see United States v. Fuller, 453 F.3d 274
, 278 (5th
Cir. 2006); see also United States v. White, 465 F.3d 250
, 253 (5th Cir. 2006);
United States v. Barr, 130 F.3d 711
, 712 (5th Cir. 1997); United States v. Kelley,
981 F.2d 1464
, 1473-74 (5th Cir. 1993). The fact that Proctor was convicted
of and sentenced to these three separate offenses on the same day does not
change this conclusion. See United States v. Ressler, 54 F.3d 257
, 259 (5th
Cir. 1995) (28 U.S.C. § 2255 case citing United States v. Herbert, 860 F.2d
, 622 (5th Cir. 1988)).
The district court’s judgment is AFFIRMED. Proctor’s motion to
stay his appeal is DENIED.