United States v. Paige, 634 F.3d 871 (6th Cir. 2011). · Go Syfert
United States v. Paige, 634 F.3d 871 (6th Cir. 2011). Cases Citing This Book View Copy Cite
30 citation events (30 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Cited for
At page 873 Determining separate offenses under the act18 citing casespanel may not overrule the prior published decision of another1 citing court put it this way
  • United States v. Lee Yerkes, No. 19-5768 (6th Cir. July 10, 2020).unpublished
    United States v. Paige, 634 F.3d 871, 873 (6th Cir. 2011) (citation and internal quotation marks omitted).
  • United States v. Levi West, 799 F. App'x 322 (6th Cir. 2020).unpublished
    United States v. Paige, 634 F.3d 871, 873 (6th Cir. 2011) (citation and internal quotation marks omitted).
  • United States v. James Hennessee, 932 F.3d 437 (6th Cir. 2019).published 3 cites
    United States v. Pham, 872 F.3d 799, 802 (6th Cir. 2017) (citing United States v. Paige, 634 F.3d 871, 873 (6th Cir. 2011)).
  • United States v. Long Phi Pham, 872 F.3d 799 (6th Cir. 2017).published
    United States v. Paige, 634 F.3d 871, 873 (6th Cir. 2011); see, e.g., United States v. Hill, 440 F.3d 292, 298 (6th Cir. 2006) (finding “[a]ll three indicia of separate offenses” where defendant burglarized one business and then crossed th…
  • United States v. Manuel Soto, 794 F.3d 635 (6th Cir. 2015).published
    To determine whether § 924(c) offenses occurred on different occasions, we consider whether (1) it is possible to discern the point at which the first offense is completed, and the subsequent point at which the second offense begins; (2) i…
  • United States v. Manuel Soto, 780 F.3d 689 (6th Cir. 2015).published
    United States v. Paige, 634 F.3d 871, 873 (6th Cir.2011) (internal quotation marks omitted).
  • United States v. Steeve Alexis, 603 F. App'x 466 (6th Cir. 2015).unpublished 2 cites
    United States v. Jones, 673 F.3d 497, 503 (6th Cir.2012) (citing United States v. Paige, 634 F.3d 871, 873 (6th Cir.2011)); see also United States v. Banner, 518 Fed.Appx. 404, 406 (6th Cir.2013) (“So long as a defendant’s offenses meet on…
  • United States v. Thaddeus Daniel, 569 F. App'x 401 (6th Cir. 2014).unpublished
    Specifically, the court was required to determine whether Daniel’s robberies took place on different “occasions.” “[T]wo offenses are committed on different occasions under [the Act] if: (1) it is possible to discern the point at which the…
  • United States v. Paul Mann, 552 F. App'x 464 (6th Cir. 2014).unpublished 2 cites
    But the only case cited for this proposition, United States v. Paige, 634 F.3d 871, 873 (6th Cir. 2011), avoids such a broad reading.
  • United States v. Homer Banner, 518 F. App'x 404 (6th Cir. 2013).unpublished 3 cites
    “Offenses are separate if they meet any of these three tests.” United States v. Jones, 673 F.3d 497, 503 (6th Cir.2012) (citing United States v. Paige, 634 F.3d 871, 873 (6th Cir.2011)).
Show 8 more citing cases
  • United States v. Michael Collins, 683 F.3d 697 (6th Cir. 2012).published
    This argument is foreclosed by United States v. Paige, 634 F.3d 871, 873 (6th Cir.) (holding that Begay did not implicitly overrule Hill), cert. denied, — U.S. -, 132 S.Ct. 206 , 181 L.Ed.2d 110 (2011).
  • United States v. Raul Perez, 477 F. App'x 337 (6th Cir. 2012).unpublished
    Two offenses are “committed on occasions different from one another,” id., if “(1) ‘it is possible to discern the point at which the first offense is completed, and the subsequent point at which the second offense begins’; (2) ‘it would ha…
  • United States v. Jones, 673 F.3d 497 (6th Cir. 2012).published
    To establish plain error, Defendant must show “(1) error (2) that was obvious or clear, (3) that affected defendant’s substantial rights and (4) that affected the fairness, integrity, or public reputation of the judicial proceedings.” Unit…
  • United States v. John France, Jr., 427 F. App'x 465 (6th Cir. 2011).unpublished
    Offenses are committed on different occasions if “it is possible to discern the point at which the first offense is completed, and the subsequent point at which the second offense begins”; it would have been possible for the offender “to c…
  • Nat'l Mines Corp. v. Steve Conley, 790 F. App'x 716 (6th Cir. 2019).unpublished
    See United States v. Paige, 634 F.3d 871, 873 (6th Cir. 2011).
  • United States v. Lavelle Parks, 700 F.3d 775 (6th Cir. 2012).published
    (panel may not overrule the prior published decision of another)
  • United States v. Christopher Eaton, 469 F. App'x 423 (6th Cir. 2012).unpublished
    See United States v. Paige, 634 F.3d 871, 873 (6th Cir.), cert. denied, — U.S.-, 132 S.Ct. 206 , 181 L.Ed.2d 110 (2011).
  • United States v. William Wooden, 945 F.3d 498 (6th Cir. 2019).published
    United States v. Hill, 440 F.3d 292 , 297-98 (6th Cir. 2006) (collecting cases); see also United States v. Paige, 634 F.3d 871, 873 (6th Cir. 2011).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Develae PAIGE, Defendant-Appellant
09-6067.
Court of Appeals for the Sixth Circuit.
Mar 15, 2011.
Published opinion
634 F.3d 871
2011 U.S. App. LEXIS 5092
2011 WL 921643
ARGUED: Mary C. Jermann-Robinson, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Alexia M. Fulgham, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: April R. Goode, Stephen B. Shankman, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. G. Kirby May, Assistant United States Attorney, Memphis, Tennessee, for Appellee.
Kennedy, Martin, Murphy.
Cited by 21 opinions  |  Published

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Defendant-appellant Develae Paige appeals the district court’s judgment sentencing him as an Armed Career Criminal. We AFFIRM.

I. BACKGROUND

On May 13, 2009, a jury convicted Paige of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) (2006). The Presentence Report indicated that Paige should be sentenced as an Armed Career Criminal pursuant to U.S.S.G. § 4B1.4(b)(3)(B) and 18 U.S.C. § 924(e)(1). The Armed Career Criminal Act imposes a mandatory fifteen-year prison term on defendants who have been convicted for a violation of 18 U.S.C. § 922(g) if they have three previous convictions “for a violent felony or a serious drug offense, or both, committed on occasions different from one another.” 18 U.S.C. § 924(e)(1). The Presentence Report classified Paige as an Armed Career Criminal because he had previously been convicted of one aggravat[*873] ed assault and five aggravated robberies. Although the five robberies occurred on the same day, were close in location, and Paige pled guilty to them at the same time, they involved distinct times, locations, and victims. Paige objected to being sentenced as an Armed Career Criminal. He argued that the robberies should be considered as one continuous crime spree and thus count only as one conviction for purposes of determining his status as an Armed Career Criminal. The district court conducted a sentencing hearing on September 2, held that Paige was an Armed Career Criminal, and sentenced him to a term of sixteen years and eight months imprisonment. Paige appeals.

II. ANALYSIS

We review de novo the district court’s decision that Paige’s five robberies were committed on different occasions under the Act. United States v. Hill, 440 F.3d 292, 295 (6th Cir.2006).

In Hill, we held that two offenses are committed on different occasions under the Act if: (1) “it is possible to discern the point at which the first offense is completed, and the subsequent point at which the second offense begins”; (2) “it would have been possible for the offender to cease his criminal conduct after the first offense, and withdraw without committing the second offense”; or (3) “the offenses are committed in different residences or business locations.” Id. at 297-98. Since Hill, we have continued to follow this analysis to determine whether prior offenses qualify for Armed Career Criminal status, and it is consistent with the approach taken by the other circuits. Paige concedes that his five robbery convictions would count separately under all three of the Hill tests, and that his appeal fails if Hill remains good law. (Brief of the Defendant/Appellant at 10.) Absent an intervening Supreme Court or en banc decision, we lack the authority to overrule Hill. See, e.g., Ahearn v. Jackson Hosp. Corp., 351 F.3d 226, 235 (6th Cir.2003).

Paige claims that in Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), the Supreme Court implicitly overruled Hill insomuch as the Hill test may find some non-recidivist individuals to be Armed Career Criminals. Thus, the issue before us is whether Begay in fact implicitly overruled Hill. We hold that it did not.

Begay addressed the narrow question of “whether driving under the influence of alcohol is a ‘violent felony’ as the Act defines it,” and concluded that it is not. Id. at 139, 128 S.Ct. 1581. Begay did not address the issue presented in Hill and this case: whether crimes are considered to have been committed on different occasions under the Act. Begay discusses Congress’s purposes and intent in enacting the Act, and Paige points to several statements in the opinion that he claims suggest that it overruled Hill. See, e.g., id. at 146, 128 S.Ct. 1581 (‘We have no reason to believe that Congress intended a 15-year mandatory prison term where that increased likelihood [of recidivism] does not exist.”); id. at 147, 128 S.Ct. 1581 (stating that the purpose of the Act is to “punish only a particular subset of offender, namely, career criminals”). However, these statements are insufficient to implicitly overrule Hill when they do not address the portion of the statute at issue in Hill and do not suggest that the Hill tests fail to accurately capture Congress’s views regarding recidivism. Thus, we find that the district court’s decision is consistent with current Sixth Circuit precedent.

III. CONCLUSION

Begay did not implicitly overrule Hill. The district court’s determination that[*874] Paige is an Armed Career Criminal is consistent with Hill. Thus, we AFFIRM the decision of the district court.