United States v. Walter James Blannon, 836 F.2d 843 (4th Cir. 1988). · Go Syfert
United States v. Walter James Blannon, 836 F.2d 843 (4th Cir. 1988). Cases Citing This Book View Copy Cite
“the imposes no upper limit. by implication, the maximum penalty under the acca is life imprisonment.”
53 citation events (15 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. Donald Lee Presley (ca4, 1995-04-13)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Donald Lee Presley (2×) also: Cited as authority (rule)
4th Cir. · 1995 · quote attribution · 1 verbatim quote · confidence high
the imposes no upper limit. by implication, the maximum penalty under the acca is life imprisonment.
discussed Cited as authority (quoted) Fenyang Stewart v. Andrei Iancu
4th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
court may not manufacture an ambiguity in order to defeat congress' intent.
discussed Cited as authority (rule) United States v. Brady Leon Beck, Jr.
4th Cir. · 2020 · confidence medium
See 18 U.S.C. § 924 (e)(1). 9 § 1326(b)(2), which provides for a twenty-year sentence for an alien who tries to illegally reenter the country after previously being removed due to an aggravated felony conviction, stated an offense); United States v. Blannon, 836 F.2d 843, 844 (4th Cir. 1988) (rejecting the defendant’s argument that the ACCA stated an offense).
discussed Cited as authority (rule) Graves v. Commonwealth
Va. · 2017 · confidence medium
Because the legal issue is the same — whether “minimum” means minimum, not maximum — they have everything in 4 See also United States v. Ortiz-García, 665 F.3d 279 , 284-85 & n.6 (1st Cir. 2011); United States v. Stewart, 628 F.3d 246, 258-59 (6th Cir. 2010); United States v. Rozier, 598 F.3d 768, 772 (11th Cir. 2010); United States v. Shabazz, 564 F.3d 280, 288-89 (3d Cir. 2009); United States v. Whitley, 529 F.3d 150, 158 (2d Cir. 2008), abrogated on other grounds by Abbott v. United States, 562 U.S. 8, 13, 24-28 (2010); United States v. Johnson, 507 F.3d 793, 798 (2d Cir. 2007); Un…
discussed Cited as authority (rule) United States v. Billy Walker (2×)
8th Cir. · 2013 · confidence medium
This court has held that “section [924(e) ] provides for a statutory minimum penalty of 15 years and a maximum term of life imprisonment.” United States v. Carey, 898 F.2d 642, 644 (8th Cir.1990), citing United States v. Blannon, 836 F.2d 843, 845 (4th Cir.1988) and United States v. Lego, 855 F.2d 542, 546 (8th Cir.1988) (holding the same under the predecessor to section 924(e)).
discussed Cited as authority (rule) Terra Nyree Hines v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2012 · confidence medium
Ct. App. 1970). 11 United States v. Ortiz-Garcia, 492 F.3d ___ , 2011 U.S. App. LEXIS 24204 , at *13-14 (1st Cir. Dec. 7, 2011); United States v. Rozier, 598 F.3d 768, 772 (11th Cir. 2010); United States v. Shabazz, 564 F.3d 280, 289 (3d Cir. 2009); United States v. Johnson, 507 F.3d 793, 798 (2d Cir. 2007); United States v. Gamboa, 439 F.3d 796, 811 (8th Cir. 2006); United States v. Dare, 425 F.3d 634, 642 (9th Cir. 2005); United States v. Weems, 322 F.3d 18, 26 (1st Cir. 2003); United States v. Avery, 295 F.3d 1158, 1170 (10th Cir. 2002); United States v. Cristobal, 293 F.3d 134, 147 (4th Ci…
discussed Cited as authority (rule) United States v. Stokes
1st Cir. · 2004 · confidence medium
See United States v. Weems, 322 F.3d 18, 26 (1st Cir.2003) (stating that the maximum sentence under the ACCA is life imprisonment); see also Custis v. United States, 511 U.S. 485, 487 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994) (stating that the ACCA “raises the penalty for possession of a firearm by a felon ... to a mandatory minimum sentence of 15 years and a maximum of life in prison without parole”); United States v. Mack, 229 F.3d 226 , 229 n. 4 (3d Cir.2000) (stating that the ACCA “specifies no maximum term of imprisonment [but] has been construed to authorize a life term”); United…
cited Cited as authority (rule) United States v. Sanders
4th Cir. · 2001 · confidence medium
United States v. Blannon, 836 F.2d 843, 845 (4th Cir.1988); see also United States v. Brame, 997 F.2d 1426, 1428 (11th Cir.1993) (collecting cases).
cited Cited as authority (rule) United States v. Taylor
4th Cir. · 2001 · confidence medium
See United States v. Presley, 52 F.3d 64, 70 (4th Cir.1995); United States v. Blannon, 836 F.2d 843, 845 (4th Cir.1988).
discussed Cited as authority (rule) United States v. Mack
3rd Cir. · 2000 · confidence medium
S 924 (e) (ACCA), raises the penalty for possession of a firearm by a felon from a maximum of 10 years . . . to a mandatory minimum sentence of 15 years and a maximum of life in prison. . . if the defendant `has three previous convictions . . . for a violent felony or serious drug offense.' "); United States v. Kole, 164 F.3d 164, 168 (3d Cir. 1998) (quoting the foregoing passage from Custis ); United States v. Guerrero, 5 F.3d 868 , 874 n.12 (5th Cir. 1993); United States v. Carey, 898 F.2d 642, 644 (8th Cir. 1990); United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 108 S.C…
discussed Cited as authority (rule) United States v. Charles Mack (2×)
3rd Cir. · 2000 · confidence medium
See Custis v. United States, 511 U.S. 485 , 114 S.Ct. 1732, 1734 , 128 L.Ed.2d 517 (1994) ("The Armed Career Criminal Act of 1984, 18 U.S.C. § 924 (e) (ACCA), raises the penalty for possession of a firearm by a felon from a maximum of 10 years ... to a mandatory minimum sentence of 15 years and a maximum of life in prison ... if the defendant 'has three previous convictions ... for a violent felony or serious drug offense.’ "); United States v. Kole, 164 F.3d 164, 168 (3d Cir.1998) (quoting the foregoing passage from Custis); United States v. Guerrero, 5 F.3d 868 , 874 n. 12 (5th Cir.1993);…
discussed Cited as authority (rule) United States v. Guerrero
5th Cir. · 1993 · confidence medium
See United States v. Miles, 947 F.2d 1234 , 1235 & n. 1 (5th Cir.1991); United States v. Fields, 923 F.2d 358, 362 (5th Cir.1991), overruled in other respect, United States v. Lambert, 984 F.2d 658 , 662 & n. 10 (5th Cir.1993) (en banc); United States v. Carey, 898 F.2d 642, 644 (8th Cir.1990); United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988).
discussed Cited as authority (rule) United States v. Robert Hal Brame, AKA Thomas Eugene Cavin, AKA Richard Allen Crabtree, AKA Tom Cavin, AKA Derick Robinson, AKA Robert Mark McQue
11th Cir. · 1993 · confidence medium
However, every circuit court of appeals that has addressed this issue has concluded that the maximum sentence authorized under § 924(e) is life imprisonment. 3 See Walberg v. United States, 763 F.2d 143, 148-49 (2nd Cir.1985) (penalty statute that fails to provide explicit maximum period of imprisonment implicitly authorizes imposition of a maximum sentence of life); United States v. Williams, 892 F.2d 296, 304 (3rd Cir.1989) (“When Congress provided for ‘imprisonment of not less than fifteen years [in § 924(e)(1) ],’ it meant a maximum of life.”), cert. denied, 496 U.S. 939 , 110 S.…
discussed Cited as authority (rule) United States v. Aubrey Joshua
3rd Cir. · 1992 · confidence medium
United States v. Williams, 892 F.2d 296, 304 (3d Cir.1989) ("When Congress provided for 'imprisonment of not less than fifteen years [in § 924(e)(1)]/ it meant a maximum of life."), cert. denied, 496 U.S. 939 , 110 S.Ct. 3221 , 110 L.Ed.2d 668 (1990); see also United States v. Fields, 923 F.2d 358, 362 (5th Cir.), cert. denied, — U.S. —, 111 S.Ct. 2066 , 114 L.Ed.2d 470 (1991); United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991); United States v. Carey, 898 F.2d 642, 646 (8th *188 Cir.1990); United States v. Blann…
discussed Cited as authority (rule) United States v. Warren James Bland (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
See United States v. Tisdale, 921 F.2d 1095, 1100 (10th Cir.1990), cert. denied, — U.S.-, 112 S.Ct. 596 , 116 L.Ed.2d 619 (1991); United States v. Lego, 855 F.2d 542, 546 (8th Cir.1988); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988); see also United States v. Jackson, 835 F.2d 1195, 1197 (7th Cir.1987) (penalty statutes without specified máximums implicitly authorize a maximum sentence of life), cert. denied, 485 U.S. 969 , 108 S.Ct. 1244 , 99 L.Ed.2d 442 (1988); Walberg v. United States, 763 F.2d 143, 148-49…
discussed Cited as authority (rule) United States v. C.W. Fields, A/K/A William T. Neilley
5th Cir. · 1991 · confidence medium
United States v. Carey, 898 F.2d 642, 644 (8th Cir.1990); United States v. Williams, 892 F.2d 296, 304 (3d Cir.1989); United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988); United States v. Jackson, 835 F.2d 1195, 1197 (7th Cir.), cert. denied, 485 U.S. 969 , 108 S.Ct. 1244 , 99 L.Ed.2d 442 (1988).
discussed Cited as authority (rule) United States v. Walter M. Wolak, Jr.
6th Cir. · 1991 · confidence medium
As the Fourth Circuit reasoned, “[b]y implication, the maximum penalty under the ACCA is life imprisonment.” United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988) (upholding 23-year sentence); see also United States v. Lego, 855 F.2d 542, 546 (8th Cir.1988) (upholding 18-year sentence); United States v. Jackson, 835 F.2d 1195, 1197 (7th Cir.1987), cert. denied, 485 U.S. 969 , 108 S.Ct. 1244 , 99 L.Ed.2d 442 (1988) (upholding sentence of life imprisonment).
discussed Cited as authority (rule) United States v. Harrison Jude
4th Cir. · 1990 · confidence medium
E.g., United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 486 U.S. 1010 (1988); United States v. Schocket, 753 F.2d 336, 341 (4th Cir.1985); United States v. Norris, 749 F.2d 1116, 1122 (4th Cir.1984), cert. denied, 471 U.S. 1065 (1985).
discussed Cited as authority (rule) United States v. Michael E. Carey (2×) also: Cited "see"
8th Cir. · 1990 · confidence medium
United States v. Blannon, 836 F.2d 843, 845 (4th Cir.) (statute which imposes no upper limit has a maximum penalty of life imprisonment), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988).
discussed Cited as authority (rule) United States v. David D. Schoolcraft (2×)
3rd Cir. · 1989 · confidence medium
United States v. Rumney, 867 F.2d 714, 718 (1st Cir.1989); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988); United States v. Affleck, 861 F.2d 97, 99 (5th Cir.1988), cert. denied, --- U.S. ----, 109 S.Ct. 1325 , 103 L.Ed.2d 593 (1989); United States v. Brewer, 853 F.2d 1319, 1322 (6th Cir.), cert. denied, --- U.S. ----, 109 S.Ct. 375 , 102 L.Ed.2d 364 (1988), cert. denied, --- U.S. ----, 109 S.Ct. 1142 , 103 L.Ed.2d 202 (1989); United States v. Lowe, 860 F.2d 1370, 1378 (7th Cir.1988), cert. denied, --- U.S. ----, …
discussed Cited as authority (rule) United States v. Jose Lopez Quintero, A/K/A Joe Lopez Quintero
5th Cir. · 1989 · confidence medium
See United States v. Rumney, 867 F.2d 714 (1st Cir.1989); United States v. Hawkins, 811 F.2d 210, 220 (3d Cir.), cert. denied, — U.S. -, 108 S.Ct. 110 , 98 L.Ed.2d 69 (1987); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert. denied, — U.S. -, 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988); United States v. Brewer, 853 F.2d 1319 (6th Cir.) (en banc) (overuling prior finding that § 1202(a) created a separate offense), cert. denied, — U.S. -, 109 S.Ct. 375 , 102 L.Ed.2d 364 (1988); United States v. Priovolos, 844 F.2d 415 (7th Cir.), cert. denied, — U.S. -, 109 S.Ct. 147 , 102 L.…
discussed Cited as authority (rule) United States v. Arthur W. Rumney
1st Cir. · 1989 · confidence medium
Cloyd v. United States, — U.S. -, 108 S.Ct. 2910 , 101 L.Ed.2d 942 (1988); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert. denied, — U.S. -, 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988); United States v. West, 826 F.2d 909, 911-12 , (9th Cir.1987); United States v. Jackson, 824 F.2d 21, 22-26 (D.C.Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 715 , 98 L.Ed.2d 665 (1988); United States v. Hawkins, 811 F.2d 210, 217-20 (3d Cir.), cert. denied, — U.S. -, 108 S.Ct. 110 , 98 L.Ed.2d 69 (1987); United States v. Gregg, 803 F.2d 568, 570 (10th Cir.1986), cert. denied, 480 U.S. 920 ,…
discussed Cited as authority (rule) United States v. Darrell I. Lowe
7th Cir. · 1988 · confidence medium
United States v. Gregg, 803 F.2d 568, 570 (10th Cir.1986), cert. denied, 480 U.S. 920 , 107 S.Ct. 1379 , 94 L.Ed.2d 693 (1987); United States v. Hawkins, 811 F.2d 210, 220 (3d Cir.), cert. denied, — U.S. -, 108 S.Ct. 110 , 98 L.Ed.2d 69 (1987); United States v. Jackson, 824 F.2d 21, 22-26 (D.C.Cir.1987), cer t. denied, — U.S. -, 108 S.Ct. 506 , 98 L.Ed.2d 665 (1988); United States v. West, 826 F.2d 909, 911 (9th Cir.1987); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert. denied, — U.S. -, 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988).
cited Cited "see" United States v. Clayton
4th Cir. · 1997 · signal: see · confidence high
See United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir. 1988).
discussed Cited "see" United States v. Richard M. Mitchell
4th Cir. · 1994 · signal: see · confidence high
See United States v. Blannon, 836 F.2d 843, 845 (4th Cir.) (“[A] court may not manufacture an ambiguity in order to defeat Congress' intent."), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988). 8 .
cited Cited "see" United States v. Lawrence A. Saffeels
8th Cir. · 1994 · signal: see · confidence high
Id. at 647; see United States v. Blannon, 836 F.2d 843 (4th Cir.), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988).
discussed Cited "see" Almond v. United States
W.D. Va. · 1994 · signal: see · confidence high
See United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.) (holding that elements of statute which became § 924(e) need not be reflected in indictment for crime charged), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988).
cited Cited "see" United States v. Eugene Aldon Gregg
4th Cir. · 1993 · signal: see · confidence high
See United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir. 1988) 4 This report is not part of the record on appeal, if at all.
discussed Cited "see" United States v. Marcus Stephen Lego
8th Cir. · 1988 · signal: see · confidence high
See United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, — U.S. -, 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988). 4 The district court is vested with broad discretion in sentencing, and if the sentence is within the statutory limits, it will not be reviewed in the absence of extraordinary circumstances.
discussed Cited "see, e.g." United States v. Crawford
E.D. Va. · 1993 · signal: see, e.g. · confidence medium
See, e.g., United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.) (examining those factors in holding that Armed Career Criminal Act of 1984 created only a sentence enhancement, not a new offense), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988).
discussed Cited "see, e.g." United States v. Johnie M. Owens
4th Cir. · 1990 · signal: see also · confidence medium
We have “consistently endorsed the view that a sentence fixed within the limits approved by Congress will not be reviewed on appeal in the absence of extraordinary circumstances.” United States v. Schocket, 753 F.2d 336, 341 (4th Cir.1985) (citations omitted); see also United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Walter James BLANNON, Defendant-Appellant
87-5574.
Court of Appeals for the Fourth Circuit.
Feb 3, 1988.
836 F.2d 843
M. Brooke Murdock, Asst. Federal Public Defender (Fred Warren Bennett, Federal Public Defender; Stephen J. Cribari, Deputy Federal Public Defender on brief), for defendant-appellant., Peter M. Semel, Asst. U.S. Atty. (Breck-inridge L. Willcox, U.S. Atty. on brief), for plaintiff-appellee.
Hall, Ervin, Butzner.
Cited by 46 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Fourth Circuit (1)
[*844] K.K. HALL, Circuit Judge:

Walter James Blannon appeals his sentence of twenty-three years without parole following a jury conviction on charges of possession of a firearm by a felon in violation of 18 U.S.C.App. II § 1202(a)(1), as amended by the Armed Career Criminal Act of 1984 (“ACCA”). Finding this appeal to be without merit, we affirm.

I.

Blannon entered a plea of not guilty to a one-count indictment charging him with having been convicted of a felony and knowingly possessing a firearm shipped in interstate commerce. Prior to the trial the government filed an information which served the defense with notice that the government would seek an enhanced punishment under the ACCA. [1] The evidence then adduced at trial revealed that on October 20, 1986, Baltimore City police officers observed Blannon place a handgun in his coat pocket after exiting an alley. The officers approached Blannon, searched him and recovered a .32 caliber revolver loaded with seven live cartridges. The serial number on the weapon had been obliterated. A firearms expert was able to reconstruct five of the six serial numbers and it was determined that the firearm was manufactured in Maryland and distributed in Florida. Evidence was also presented at trial that Blannon had been arrested nineteen times between the ages of fourteen and eighteen and had three prior burglary/robbery convictions. The jury returned a verdict of guilty and the district court sentenced Blannon to twenty-three years imprisonment without eligibility for parole.

II.

Blannon contends on appeal that the ACCA created a new offense, not merely an enhancement of the two-year sentence previously provided in 18 U.S.C. § 1202(a)(1). He contends that unless all of the elements of the offense are charged in an indictment and proved beyond a reasonable doubt, the sentence imposed would violate his fifth amendment due process rights. Blannon also contends that the trial court abused its discretion when it sentenced him to twenty-three years in prison without parole. As a final point on appeal, Blannon argues that the trial court should have applied the Rule of Lenity in sentencing him. Finding no merit to any of these claims, we address them seriatim.

The government argued below and in this appeal that the ACCA created only an enhanced punishment that could be imposed when a defendant was properly convicted for the substantive offense of being a felon in possession, and three prior convictions were established before the sentencing judge. We are persuaded by the government’s argument. Several other circuits have decided this identical issue. The Tenth, Third and D.C. Circuits have all held that the ACCA did not establish a separate federal offense, which must be proven beyond a reasonable doubt. See United States v. Gregg, 803 F.2d 568 (10th Cir.1986); United States v. Hawkins, 811 F.2d 210 (3rd Cir.1987); and United States ¶. Jackson, 824 F.2d 21 (D.C.Cir.1987). Only the Fifth Circuit has reached the opposite conclusion in United States v. Davis, 801 F.2d 754 (5th Cir.1986). We decline to follow the Fifth Circuit and instead join the majority of the circuits that have considered the issue. We agree with the district court that an examination of the statutory language, structure, and legislative history, clearly indicates that the ACCA[*845] created only an enhanced sentencing provision.

We find no indication that the district court abused its discretion when it sentenced Blannon to twenty-three years in prison. The ACCA requires a sentencing judge to sentence a defendant to a minimum mandatory sentence of fifteen years imprisonment without parole. The statute imposes no upper limit. By implication, the maximum penalty under the ACCA is life imprisonment. Cf. United States v. Bridges, 760 F.2d 151 (7th Cir.1985). The twenty-three year sentence was therefore within the statutory parameters granted by Congress. A trial judge is vested with broad discretion in sentencing, and if the sentence is within the statutory limits it will not be reviewed in the absence of extraordinary circumstances. United States v. Norris, 749 F.2d 1116 (4th Cir.1984). We can find no extraordinary circumstances here to warrant review of the district court. Moreover, the district court specifically set out reasons for imposing the twenty-three year sentence. [2]

Blannon’s final contention on appeal is equally without merit. Blannon argues that the language of the ACCA is ambiguous and therefore the trial court should have applied the “Rule of Lenity.” In Bifulco v. United States, 447 U.S. 381, 100 S.Ct. 2247, 65 L.Ed.2d 205 (1980), the Supreme Court held that the policy of lenity “means that the court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation can be no more than a guess as to what Congress intended.” However, a court may not manufacture an ambiguity in order to defeat Congress’ intent. We are satisfied that Congress clearly intended to incapacitate and to punish severely persons convicted of violating the ACCA. We, therefore, find no ambiguity in the statute which would require the application of the “Rule of Lenity.”

III.

For all the foregoing reasons, we affirm the judgment of the district court.

AFFIRMED.

1

. 18 U.S.C.App. 1202(a) carried a two-year sentence for possession of a firearm by a convicted felon. The Armed Career Criminal Act of 1984 amended 18 U.S.C.App. 1202(a) by adding the following sentence:

In the case of a person who receives, possesses, or transports in commerce or affecting commerce any firearm and who has three previous convictions by any court referred to in paragraph (1) of this subsection for robbery or burglary, or both, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under this subsection, and such person shall not be eligible for parole with respect to the sentence imposed under this subsection.
2

. The court stated that it wished to incapacitate the appellant to prevent him from committing crimes and that incapacitation had always been viewed as one of the appropriate ends of punishment.