United States v. James Hennessee

JULIA SMITH GIBBONS, Circuit Judge.

*439James Hennessee pled guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The government sought an enhanced penalty under § 924(e)(1) based on Hennessee's three prior convictions for violent felonies. Hennessee objected on the basis that the government could not prove that two of his prior offenses were committed on different occasions, as required by the Armed Career Criminal Act. The district court agreed with Hennessee, finding that our precedent precluded its review of non-elemental facts in Shepard…