United States v. Delossantos
2012 U.S. App. LEXIS 10888
| 10th Cir. | 2012Background
- Defendant Antonio de los Santos pled guilty to felon in possession of firearms under 18 U.S.C. § 922(g)(1).
- Government gave notice of an ACCA enhancement based on four prior serious drug offenses.
- Prior convictions: one cocaine possession with intent to distribute (Nov 10, 1992) and three cocaine distribution offenses (Nov 2, 1992; Nov 16, 1992; Nov 24, 1992).
- Defendant argued these convictions arose from a single criminal episode and should count as one under § 924(e).
- District court orally overruled the objection and sentenced Defendant under the ACCA after finding the offenses were sufficiently separate and distinct.
- On appeal, the Tenth Circuit held the four convictions were committed on occasions different from one another and affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the four prior convictions were committed on occasions different from one another | Government contends the offenses were distinct times. | De los Santos argues the offenses resulted from a single episode or interconnected sting. | Convictions were separate occasions; sentence affirmed. |
Key Cases Cited
- United States v. Johnson, 130 F.3d 1420 (10th Cir. 1997) (defines de novo review and government burden for ACCA enhancement)
- United States v. Tisdale, 921 F.2d 1095 (10th Cir. 1990) (interpretation of occasions different from one another)
- United States v. Letterlough, 63 F.3d 332 (4th Cir. 1995) (distinct time-separated drug sales not a single occasion)
- United States v. Roach, 958 F.2d 679 (6th Cir. 1992) (drug sales to same undercover over time not a single episode)
- Beckstrom v. United States, 647 F.3d 1012 (10th Cir. 2011) (three-part test for separate criminal episode (applies by analogy))