United States v. Long Phi Pham
872 F.3d 799
| 6th Cir. | 2017Background
- Pham pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The government sought a 15-year mandatory minimum under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), by counting three prior "serious drug offenses."
- Government relied on: a 2003 Tennessee conspiracy conviction, two February 12, 2004 federal convictions (sales to a confidential informant), and two February 28, 2004 federal convictions (drugs found in his residence).
- Pham argued his October 1, 2003–February 28, 2004 federal conspiracy conviction subsumed the February 2004 possession-with-intent convictions, leaving only two distinct qualifying offenses for ACCA purposes.
- The district court found the February 12 and February 28 2004 offenses occurred on different occasions and applied the ACCA; Pham was sentenced to 188 months.
- On appeal the Sixth Circuit reviewed de novo whether the 2004 offenses were committed on "occasions different from one another."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the February 12 and February 28, 2004 substantive drug convictions count as separate "occasions" under ACCA | Pham: the substantive offenses were part of and subsumed by the broader conspiracy conviction, so they should be treated as one offense | Government: the February 12 sale and February 28 possession were discrete episodes; even if related to a conspiracy, they can be separate occasions | Held: The convictions occurred on different occasions; ACCA enhancement proper |
Key Cases Cited
- United States v. Barbour, 750 F.3d 535 (6th Cir. 2014) (standard and burden for proving separate occasions under ACCA)
- Shepard v. United States, 544 U.S. 13 (2005) (limits documents courts may use to examine plea-based facts)
- United States v. Paige, 634 F.3d 871 (6th Cir. 2011) (three-factor test for whether offenses are on different occasions)
- United States v. Roach, 958 F.2d 679 (6th Cir. 1992) (related acts may still be distinct if punctuated episodes)
- United States v. Melbie, 751 F.3d 586 (8th Cir. 2014) (conspiracy and substantive offenses can be distinct occasions under ACCA)
- United States v. Sims, 683 F.3d 815 (7th Cir. 2012) (to defeat separate-occasions finding defendant must show the later seized drugs were the same stash sold earlier)