United States v. Thomas Richardson, 483 F. App'x 302

Richardson pleaded guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
District court applied ACCA § 924(e) and sentenced him to 180 months (the statutory minimum).
PSR listed multiple prior convictions; three for sale/distribution of controlled substances between 1994–1995, leading to ACCA classification.
Richardson’s two-count distribution conviction involved separate days, raising whether they are separate predicate offenses.
Richardson challenged the ACCA classification and the sentencing calculations; district court overruled objections and imposed 180 months.
Appeal followed, arguing errors in predicate-offense determination and Sixth Amendment concerns.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the two drug-distribution convictions on separate days are separate predicates under ACCA	Richardson contends they are not distinct offenses	Willoughby controls: separate days = separate predicates	Yes; they are separate predicates under ACCA
Whether using the PSR dates implicated Apprendi/Shepard concerns	Seeks jury finding on specific dates	Apprendi not required for predicates; dates need not be proved beyond a reasonable doubt	No Sixth Amendment violation; no Shepard issues apply
Standard of review and interpretation of predicate separate-ness for ACCA purposes	Suggests different interpretation similar to U.S.S.G. 4B1.1	Willoughby governs; separate-ness evaluated for ACCA purposes	De novo review; Willoughby governs the separate-episodes analysis

United States v. Willoughby, 653 F.3d 738 (8th Cir. 2011) (separate predicates require distinct offenses with factors: time, distance, continuity)
United States v. Campbell, 270 F.3d 702 (8th Cir. 2011) (discusses ACCA/Apprendi principles and predicate offenses)
United States v. Abernathy, 277 F.3d 1048 (8th Cir. 2002) (APPrendi-type considerations for prior convictions)