United States v. Reginald Cole
778 F.3d 1055
8th Cir.2015Background
- Reginald Cole pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The district court applied the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), increasing Cole’s mandatory minimum because he had three prior Missouri burglary convictions.
- The PSR listed three burglaries committed on different dates: July 20, 2005; March 1, 2007; and October 24, 2008.
- Cole did not object at sentencing to the PSR’s factual recitation of the dates of the prior offenses.
- Cole argued on appeal that whether prior offenses were "committed on occasions different from one another" is a fact that must be charged in the indictment or admitted by the defendant under Alleyne v. United States.
- The Eighth Circuit affirmed, holding that determining whether prior convictions occurred on separate occasions falls within the "fact of a prior conviction" exception and need not be submitted to a jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ACCA requires that the separate-occasions fact be charged or admitted | Cole: separate-occasions is a fact increasing the mandatory minimum and thus must be charged or admitted under Alleyne | Government: the separate-occasions determination is part of the "fact of a prior conviction" exception and need not be submitted to a jury | The court held it need not be charged or admitted; sentencing judge may rely on prior-conviction findings |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (facts that increase mandatory minimums must be treated as elements)
- Almendarez-Torres v. United States, 523 U.S. 224 (1998) (narrow exception for the fact of a prior conviction)
- United States v. Keith, 638 F.3d 851 (8th Cir. 2011) (standard of review for legal determination of ACCA predicates)
- United States v. Evans, 738 F.3d 935 (8th Cir. 2014) (determination of separate occasions does not require findings beyond the fact of prior convictions)
- United States v. Wilson, 406 F.3d 1074 (8th Cir. 2005) (related precedent on prior-conviction determinations)
- United States v. Dantzler, 771 F.3d 137 (2d Cir. 2014) (same conclusion regarding separate-occasions issue)
- United States v. Burgin, 388 F.3d 177 (6th Cir. 2004) (prior-felony separate-occasions need not be pled or proven to a jury)