Legal Opinion

United States v. Dantzler

District Court, E.D. New York

Decided July 23, 2015No. 12-CR-568 (NGG)(VVP)Published

1Opinion of the Court

MEMORANDUM

NICHOLAS G, GARAUFIS, District Judge.

In response to the Second Circuit’s November 14, 2014, decision remanding this case for resentencing, Defendant Zephani*200ah Dantzler argues that he is not subject to the enhanced penalty provision of the Armed Career Criminal Act (“ACCA”) because the Government cannot sustain its burden of proving that he committed three prior violent felony offenses “on occasions different from one another,” as required by the statute, 18 U.S.C. § 924(e). The Government vigorously contests this assessment. This Memorandum evaluates the parties’ arguments in light…

2Cases cited43 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Johnson v. United StatesSupreme Court of the United States · 2010
  5. James v. United StatesSupreme Court of the United States · 2007

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