United States v. Rodney Southers, 866 F.3d 364

Rodney Southers was arrested with 17 rounds of ammunition and pleaded guilty to being a felon in possession of ammunition under 18 U.S.C. § 922(g)(1).
The probation office designated Southers an Armed Career Criminal (ACCA) based on two robbery convictions and one attempted-aggravated robbery conviction, raising his statutory range to 15 years–life.
Two May 24, 2000 convictions involved separate indictments: attempted aggravated robbery of the Golden Gallon and robbery of the Favorite Market (different businesses).
At sentencing Southers testified that he and an accomplice “planned to hit two stores,” and the district court treated the two May 24 offenses as separate predicates but granted a §5K1.1/§3553(e) reduction, sentencing him to 110 months.
On appeal Southers argued (1) his Tennessee robbery convictions are not categorically "violent felonies" under the ACCA, (2) the two May 24 convictions should count as a single occasion, and (3) ineffectiveness of counsel for having him testify at sentencing.
The Sixth Circuit affirmed the ACCA designation and declined to resolve the ineffective-assistance claim on direct appeal as premature.

Issue	Government's Argument	Southers' Argument	Held
Whether Tennessee robbery is a categorical "violent felony" under the ACCA	Tennessee robbery (both variants) requires use or threat of physical force as defined in Johnson and thus is categorically a violent felony; Mitchell controls	Moncrieffe requires examining whether there is a "realistic probability" state courts apply the statute to non-violent conduct; some Tennessee intermediate decisions suggest low-force applications	Affirmed: Tennessee robbery is categorically a violent felony; Mitchell remains controlling because it follows Tennessee Supreme Court precedent
Whether the two May 24, 2000 offenses are "occasions different" under ACCA	Indictments and judgments identify distinct business locations; offenses occurred at different places so they are separate predicates	Indictments lack detailed factual findings; King limits reliance to Shepard-approved documents and counsels caution	Affirmed: Crimes occurred at distinct locations (two stores); separate occasions established by Shepard documents and defendant's admission
Whether Southers can raise ineffective assistance of counsel on direct appeal	Government argued record is not sufficient to evaluate trial counsel's strategy on direct appeal	Southers contends counsel erred by having him testify at sentencing, which increased his sentence	Dismissed on direct appeal: claim not ripe for review because the record is inadequate to assess counsel's strategic reasons

Johnson v. United States, 559 U.S. 133 (holding federal definition of "physical force" for ACCA context)
Shepard v. United States, 544 U.S. 13 (identifying documents sentencing courts may consult to determine prior offense facts)
Descamps v. United States, 570 U.S. 254 (distinguishing categorical vs. modified categorical approach)
Moncrieffe v. Holder, 569 U.S. 184 ("realistic probability" inquiry in categorical analysis)
United States v. Mitchell, 743 F.3d 1054 (6th Cir. decision holding Tennessee robbery is categorically a violent felony)
United States v. King, 853 F.3d 267 (6th Cir. limiting sources a sentencing court may rely on to establish separate occasions)
United States v. Patterson, 853 F.3d 298 (applying Moncrieffe's realistic-probability inquiry in ACCA context)
United States v. Gardner, 823 F.3d 793 (4th Cir. discussing weight of state supreme court precedent vs. intermediate appellate decisions)