138 F.4th 473
6th Cir.2025Background
- Jermaine Kimbrough pleaded guilty in 2022 to conspiracy to commit carjacking, carjacking, using a firearm during a crime of violence, and being a felon in possession of a firearm.
- The district court enhanced Kimbrough’s sentence under the Armed Career Criminal Act (ACCA) based on three previous aggravated burglary convictions, finding two 2016 offenses occurred on separate occasions.
- At sentencing, Kimbrough objected, arguing a jury should decide if his prior burglaries were on separate occasions per Wooden v. United States.
- While the appeal was pending, the Supreme Court ruled in Erlinger v. United States that a jury must decide the "occasions" issue for ACCA enhancements.
- The Sixth Circuit reviewed whether the ACCA enhancement error was harmless and also noted Count One’s sentence exceeded the statutory maximum for conspiracy to commit carjacking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a jury, not a judge, must decide if prior offenses occurred on separate occasions under ACCA | Kimbrough: Jury must decide per Erlinger and Wooden | U.S.: District court followed prior precedent | Court: District court erred; jury required under Erlinger |
| Whether the error was harmless | Kimbrough: Error was not harmless—jury could find offenses were not on separate occasions | U.S.: Error harmless; overwhelming evidence supports separate occasions | Court: Error not harmless; reasonable jury could find single occasion |
| Whether sentence on Count One exceeded statutory maximum | Kimbrough: Sentence exceeded 5-year maximum | U.S.: Agrees with excess sentence | Court: Sentence vacated for exceeding statutory maximum |
| Whether government is barred by Double Jeopardy from re-seeking ACCA enhancement | Kimbrough: After Erlinger, raises Double Jeopardy issue | U.S.: Issue was not timely raised | Court: Leaves Double Jeopardy for district court on remand |
Key Cases Cited
- Wooden v. United States, 595 U.S. 360 (2022) (multi-factor test for determining "occasions" under ACCA—timing, location, relationship).
- Erlinger v. United States, 602 U.S. 821 (2024) (Sixth Amendment requires jury decision on whether prior offenses were on separate occasions for ACCA).
- Neder v. United States, 527 U.S. 1 (1999) (error is harmless only if every rational jury would find the contested fact).