USA v. Alejos Cardenas, No. 00-1177
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | Before Posner, Chief Judge, and Bauer and Diane P. Wood; Bauer |
| Citation | 217 F.3d 491 |
| Parties | (7th Cir. 2000) United States of America, Plaintiff-Appellee, v. Alejos Cardenas, Defendant-Appellant |
| Docket Number | No. 00-1177 |
| Decision Date | 23 June 2000 |
Page 491
v.
Alejos Cardenas, Defendant-Appellant.
Decided June 23, 2000
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. IP 99-76-CR T/F--John D. Tinder, Judge.
Before Posner, Chief Judge, and Bauer and Diane P. Wood, Circuit Judges.
Bauer, Circuit Judge.
On January 7, 2000, Alejos Cardenas pled guilty to two counts of possessing a handgun in violation of 18 U.S.C. sec. 922(g). The district court sentenced him to a term of imprisonment of 180 months and 5 years of supervised release. In computing Cardenas' sentence, the district court found that Cardenas qualified for an enhancement under the Armed Career Criminal Act, 18 U.S.C. sec. 922(e)(1). The ACCA mandates a minimum sentence of fifteen years for a defendant with three prior serious drug convictions, who is subsequently convicted for unlawful possession of a firearm. Cardenas had three prior convictions for selling crack cocaine. The convictions included two sales of crack cocaine to confidential informants on March 27, 1995, one at 8:00 p.m. and the other at 8:45 p.m. and a third the following
Page 492
day at 9:00 p.m. The district court concluded that each sale constituted a separate and distinct criminal episode. Cardenas disagrees, arguing that the sales on March 27 constituted a single predicate offense under the ACCA.
We review whether the district court violated the statute in its sentencing determination de novo. United States v. Williams, 68 F.3d 168, 169 (7th Cir. 1995).
Title 18, United States Code, Section 924(e)(1) provides that: In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years. . .
In United States v. Hudspeth, 42 F.3d 1015, 1019 (7th Cir. 1995) (en banc), the court examined the "committed on occasions different from one another" language of sec. 924(e)(1). The court concluded that it is necessary "to look to the nature of the crimes, the identities of the victims, and the locations." Id. Additionally, we must ask whether...
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United States v. Elliott, No. 11–2766.
...involved distinct criminal aggressions from which [defendant] had an opportunity to cease and withdraw”); United States v. Cardenas, 217 F.3d 491, 492 (7th Cir.2000) (three sales of crack cocaine to informants over two days, with two sales taking place only 45 minutes and half a block apart......
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Kirkland v. United States , No. 11–2507.
...and location, involved distinct criminal aggressions from which he had an opportunity to cease and withdraw.”); United States v. Cardenas, 217 F.3d 491, 492 (7th Cir.2000) ( “In this case, the two sales of crack cocaine on March 27 were two separate and distinct episodes. While Cardenas sol......
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Charlton v. United States, Criminal Action No. 04-10306
...other circuits has deemed two sales as separate predicates with brief time spans between the sales. See, e.g., United States v. Cardenas, 217 F.3d 491, 492 (7th Cir. 2000) (finding two sales of cocaine to same police informants 45 minutes and half a block apart constituted separate ACCA pre......
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United States v. Chatman, CRIMINAL ACTION NO. 08-659
...cease and desist the criminal activity" between offenses. See id. (citing Schoolcraft, 879 F.2d at 73-74, and United States v. Cardenas, 217 F.3d 491, 492 (7th Cir. 2000)); accord United States v. Norwood, 566 F. App'x 123, 128 (3d Cir. 2014); United States v. Jones, 526 F. App'x 186, 188 (......
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United States v. Elliott, No. 11–2766.
...involved distinct criminal aggressions from which [defendant] had an opportunity to cease and withdraw”); United States v. Cardenas, 217 F.3d 491, 492 (7th Cir.2000) (three sales of crack cocaine to informants over two days, with two sales taking place only 45 minutes and half a block apart......
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Kirkland v. United States , No. 11–2507.
...and location, involved distinct criminal aggressions from which he had an opportunity to cease and withdraw.”); United States v. Cardenas, 217 F.3d 491, 492 (7th Cir.2000) ( “In this case, the two sales of crack cocaine on March 27 were two separate and distinct episodes. While Cardenas sol......
-
Charlton v. United States, Criminal Action No. 04-10306
...other circuits has deemed two sales as separate predicates with brief time spans between the sales. See, e.g., United States v. Cardenas, 217 F.3d 491, 492 (7th Cir. 2000) (finding two sales of cocaine to same police informants 45 minutes and half a block apart constituted separate ACCA pre......
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United States v. Chatman, CRIMINAL ACTION NO. 08-659
...cease and desist the criminal activity" between offenses. See id. (citing Schoolcraft, 879 F.2d at 73-74, and United States v. Cardenas, 217 F.3d 491, 492 (7th Cir. 2000)); accord United States v. Norwood, 566 F. App'x 123, 128 (3d Cir. 2014); United States v. Jones, 526 F. App'x 186, 188 (......