Jean

United States v. Jean

Good Law
81 F. App'x 680
United States Court of Appeals for the Ninth CircuitNovember 20, 2003No. 03-10044; D.C. No. CR-02-00356-LDG/LRLCalifornia620 words

Opinion

Lead Opinion

MEMORANDUM **

The district court did not err when it determined that defendant’s criminal activity on December 26, 1992 constituted two qualifying convictions for the purpose of imposing a sentencing enhancement under the Armed Career Criminal Act, 18 U.S.C. § 922 (g)(1). 1 The district court’s factual findings, supporting its conclusion that the assault of victim Morgan, and the subsequent burglary, robbery and battery of victim Chateloin constituted crimes “com *681 mitted on occasions different from one another,” were not clearly erroneous; its application of our holding in United States v. Phillips, 149 F.3d 1026 (9th Cir.1998) to those facts was not error. Accordingly, we affirm.

Jean does not dispute that his 1989 battery conviction was a qualifying violent felony conviction for ACCA purposes. On December 26, 1992, Jean assaulted victim Morgan with a knife, slightly cutting her forearm. Victim Chateloin, who was in a neighboring apartment, came to Morgan’s aid. The two women fled into Chateloin’s apartment. Jean then forced himself into that apartment (constituting the burglary offense), stabbed Chateloin in the hand and thigh (constituting the battery offense) and stole…

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