United States v. Mollo ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1922
UNITED STATES,
Appellee,
v.
ARTHUR J. MOLLO, III,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
Before
Torruella, Chief Judge
Selya and Stahl, Circuit Judges.
Richard R. Beauchesne and Peters & Associates, P.A. on brief for
appellant.
Jay P. McCloskey, United States Attorney, George T. Dilworth and
Margaret D. McGaughey, Assistant United States Attorneys, on brief for
appellee.
December 17, 1997
Per Curiam. Upon careful review, we conclude that the
district court did not err in sentencing appellant under the
Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1).
Appellant contends that he did not have the requisite
three convictions for offenses committed on "occasions
different from one another," because two of his three
predicate offenses were committed on the same day: on
February 25, 1987, at 8:40 p.m., appellant and an accomplice
attempted to rob a liquor store in Greenwich, Connecticut;
and 30 minutes later on the same date, appellant and the same
accomplice robbed a variety store in Stamford, Connecticut.
We reject that contention. Those two crimes, committed
at different times against different victims in different
locations, both qualified as predicate offenses for ACCA
purposes. See United States v. Hudspeth, 42 F.3d 1015, 1020-
22 (7th Cir. 1994).
Affirmed. See 1st Cir. Loc. R. 27.1.
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