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United States v. Proctor ( 2021 )


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  • Case: 21-60318     Document: 00516062658         Page: 1     Date Filed: 10/20/2021
United States Court of Appeals
for the Fifth Circuit                          United States Court of Appeals
Fifth Circuit
FILED
No. 21-60318                    October 20, 2021
Summary Calendar                    Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Deonte Terrell Proctor,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:17-CR-141-1
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:*
Deonte Terrell Proctor appeals the sentence imposed following his
conviction for possession of a firearm by a felon, in violation of
    18 U.S.C. § 922
    (g). The district court sentenced Proctor under the Armed Career
Criminal Act (ACCA),
    18 U.S.C. § 924
    (e)(1), based on his three state
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-60318       Document: 00516062658          Page: 2     Date Filed: 10/20/2021
No. 21-60318
convictions for selling cocaine committed on April 8, 2009, April 14, 2009,
and April 20, 2009.
On appeal, Proctor argues that the district court erred in sentencing
him under the ACCA. Our review is de novo. United States v. McGee,
    460 F.3d 667
    , 668 (5th Cir. 2006). In the alternative, Proctor requests a stay of
his appeal until United States v. Wooden,
    945 F.3d 498
     (6th Cir. 2019), cert.
granted,
    141 S. Ct. 1370
     (2021), is decided by the United States Supreme
Court.
Proctor’s three prior state drug convictions were for offenses that
were committed sequentially, not simultaneously, and, thus were offenses
“committed on occasions different from one another” as required by the
ACCA. § 924(e)(1); see United States v. Fuller,
    453 F.3d 274
    , 278 (5th
Cir. 2006); see also United States v. White,
    465 F.3d 250
    , 253 (5th Cir. 2006);
United States v. Barr,
    130 F.3d 711
    , 712 (5th Cir. 1997); United States v. Kelley,
    981 F.2d 1464
    , 1473-74 (5th Cir. 1993). The fact that Proctor was convicted
of and sentenced to these three separate offenses on the same day does not
change this conclusion. See United States v. Ressler,
    54 F.3d 257
    , 259 (5th
Cir. 1995) (
    28 U.S.C. § 2255
     case citing United States v. Herbert,
    860 F.2d 620
    , 622 (5th Cir. 1988)).
The district court’s judgment is AFFIRMED. Proctor’s motion to
stay his appeal is DENIED.
2