At page 472 Determining separate and distinct criminal episodes13 citing casesholding that because crimes reflected “distinct aggressions,” kidnaping of woman was distinct crime from robbery of convenience store where crimes were committed an hour apart and defendant kidnaped victim to procure car for commission of robbery
- Jeffrey Kirkland v. United States, 687 F.3d 878 (7th Cir. 2012).published Cardenas had plenty of time to change his mind, to cease and desist, and to refuse to sell to the informants.”); Godinez, 998 F.2d at 473 (“Godinez ... committed his crimes against different victims, in different places, more than an hour…
- United States v. Thomas L. Hudspeth, 42 F.3d 1015 (7th Cir. 1994).published (one crime hard on the heels of another can be a 'separate and distinct criminal episode', as Schieman itself shows)
- United States v. Willoughby, 653 F.3d 738 (8th Cir. 2011).publishedAt most, our precedents have found sufficient separateness and distinctness between predicate convictions for substantially simultaneous “violent felonies,” e.g., burglaries or assaults, because the nature of the crimes enabled us to asses…
- United States v. Davidson, 527 F.3d 703 (8th Cir. 2008).publishedThe pause between the two offenses was brief, but crimes committed in rapid succession are still committed on different occasions when they “reflect distinct aggressions.” United States v. Godinez, 998 F.2d 471, 472-73 (7th Cir.1993).
- United States v. Mark Davidson, No. 07-1788 (8th Cir. June 6, 2008).publishedThe pause between the two offenses was brief, but crimes committed in rapid succession are still committed on different occasions when they “reflect distinct aggressions.” United States v. Godinez, 998 F.2d 471, 472-73 (7th Cir. 1993).
- United States v. Morris, Katrell B., No. 01-4241 (7th Cir. June 17, 2002).publishedSchieman therefore establishes that even “ ‘one crime hard on the heels of another can be a separate and distinct criminal episode.’ ” Hudspeth, 42 F.3d at 1020 , quoting United States v. Godinez, 998 F.2d 471, 472 (7th Cir. 1993).
- United States v. Katrell B. Morris, 293 F.3d 1010 (7th Cir. 2002).publishedSchieman therefore establishes that even “ ‘one crime hard on the heels of another can be a separate and distinct criminal episode.’ ” Hudspeth, 42 F.3d at 1020 , quoting United States v. Godinez, 998 F.2d 471, 472 (7th Cir.1993).
- United States v. Sullivan, 98 F.3d 686 (1st Cir. 1996).publishedSee United States v. Riddle, 47 F.3d 460, 462 (1st Cir.1995); United States v. Lewis, 40 F.3d 1325, 1346 (1st Cir.1994); United States v. Godinez, 998 F.2d 471, 472-73 (7th Cir.1993).
- United States v. Robert D. Linwood, 46 F.3d 1134 (7th Cir. 1995).unpublishedSec. 4B1.4 comment (n.1). 9 The only requirement for the three predicate offenses used in the enhancement is that they be "committed on occasions different from one another." This court has held that offenses are committed on occasions dif…
- United States v. Moody, 622 F. Supp. 2d 362 (E.D. La. 2009).published(Ordering six poker players at the same game to empty their pockets is one criminal episode.)
Show 2 more citing cases
- 48 Fed. R. Evid. Serv. 773, 11 Fla. L. Weekly Fed. C 929 United States of Am. v. Clifford Kelly Pope, Cross-Appellee, 132 F.3d 684 (11th Cir. 1998).published(holding that because crimes reflected “distinct aggressions,” kidnaping of woman was distinct crime from robbery of convenience store where crimes were committed an hour apart and defendant kidnaped victim to procure ca…)
- United States v. Pope, No. 96-8844 (11th Cir. Jan. 9, 1998).published(holding that because crimes reflected "distinct aggressions," kidnaping of woman was distinct crime from robbery of convenience store where crimes were committed an hour apart and defendant kidnaped victim to procure ca…)
At page 473 Determining whether crimes constitute a single occasion11 citing cases“godinez ... committed his crimes against different victims, in different places, more than an hour apart. it would strain language considerably, without serving any purpose plausibly attributed to congress, to treat the kidnapping and the robbery as a single 'occasion.”
- United States v. James Elliott, 703 F.3d 378 (7th Cir. 2012).published(Godinez ... committed his crimes against different victims, in different places, more than an hour apart. It would strain language considerably, without serving any purpose plausibly attributed to Congress, to treat th…)
- Jeffrey Kirkland v. United States, 687 F.3d 878 (7th Cir. 2012).published (Godinez ... committed his crimes against different victims, in different places, more than an hour apart. It would strain language considerably, without serving any purpose plausibly attributed to Congress, to treat th…)
- United States v. Thomas L. Hudspeth, 42 F.3d 1015 (7th Cir. 1994).published Because of his three decisions to enter each successive business, it is evident that he intended "to engage in a separate criminal episode." Tisdale, 921 F.2d at 1099 ; see also Godinez 998 F.2d at 472 ("one crime hard on the heels of anot…
- United States v. Paul Erlinger, 77 F.4th 617 (7th Cir. 2023).published(a kidnapping and a robbery were not a “single occasion” where the defendant “committed his crimes against different victims, in different places, more than an hour apart” (internal quotation marks omitted))
- United States v. Darral Morris, 821 F.3d 877 (7th Cir. 2016).publishedMorris also argues that there is tension between our statement in United States v. Godi- *881 nez, 998 F.2d 471, 473 (7th Cir.1993) that "the question is not whether one crime overlaps another but whether the crimes reflect distinct aggres…
- United States v. Zayac, 765 F.3d 112 (2d Cir. 2014).published(noting that the principle “[t]hat kidnapping is a continuing offense ... means that the statute of limitations runs from the release rather than the capture of the victim)
- United States v. Jermaine Sims, 683 F.3d 815 (7th Cir. 2012).publishedWhat matters is “not whether one crime overlaps another but whether the crimes reflect distinct aggressions.” Id. at 1020 (quoting United States v. Godinez, 998 F.2d 471, 473 (7th Cir.1993)) (emphasis by Hudspeth).
- United States v. Rodriguez-Moreno, 526 U.S. 275 (1999).published III), is a unitary crime, see United States v. Seals, 130 F. 3d 451, 461-462 (CADC 1997); United States v. Denny-Shaffer, 2 F. 3d 999, 1018-1019 (CA10 1993); United States v. Godinez, 998 F. 2d 471, 473 (CA7 1993); United States v. Garcia,…
- United States v. Cleveland J. McDade, 142 F.3d 441 (7th Cir. 1998).unpublishedUltimately, "the question is not whether one crime overlaps another but whether the crimes reflect distinct aggressions." Id. at 1020 (quoting United States v. Godinez, 998 F.2d 471, 473 (7th Cir.1993)). 7 Under the analysis dictated by Hu…
- United States v. Hale, Brian A., 227 F. App'x 506 (7th Cir. 2007).unpublishedSee United States v. Godinez, 998 F.2d 471, 473 (7th Cir.1993); Schieman, 894 F.2d at 913 .
At page 471 “one crime hard on the heels of another can be a 'separate and distinct criminal episode', as schieman itself shows”0 citing cases
Other citing cases
- United States v. Quentin Perry, 908 F.3d 1126 (8th Cir. 2018).published
- United States v. Thomas Cureton, No. 15-3581 (7th Cir. Jan. 5, 2017).published
- United States v. Cureton, 845 F.3d 322 (7th Cir. 2017).published
v.
Ricardo A. GODINEZ, Defendant-Appellant
Felons may not possess firearms. 18 U.S.C. § 922(g). Persons who have accumulated three convictions for crimes of violence by the time they violate § 922(g) are armed career criminals, subject to severe penalties. 18 U.S.C. § 924(e). United States v. Lowe, 860 F.2d 1370, 1375-81 (7th Cir.1988), holds that § 924(e) enhances the penalty for a violation of § 922(g) and does not create an independent offense; we decline the invitation to reconsider that decision. See also United States v. Henry, 933 F.2d 553, 558 (7th Cir.1991). The only remaining question is whether Ricardo Godinez committed his three prior violent felonies “on occasions different from one another”, as § 924(e)(1) requires. Godinez contends that two of his crimes were committed on the same “occasion.”
At 8:45 one evening Godinez kidnapped Ethel Randle to commandeer her car for use in a robbery. He took Randle to his apartment in East Peoria, Illinois, where he left her, tied up, under the supervision of an accomplice. At 10:00 that evening Godinez robbed a convenience store in Peoria. On his way back home, Godinez was arrested; the police freed Randle. Godinez insists that the kidnapping and robbery were committed on a single “occasion”: he stole Randle’s car for use in a robbery and held her captive so that she could not tip off the police. Events that develop according to a single plan, in which one crime is ongoing while the others occur, cannot be multiple “occasions”, he submits, no matter how many crimes transpire along the way.
“[0]n occasions different from one another” distinguishes different criminal episodes from the multiple crimes that may occur in a flash. United States v. Schieman, 894 F.2d 909, 911-13 (7th Cir.1990). Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970), provides a good example of multiple offenses on a single occasion: Ashe robbed six players at a poker game, committing at least six crimes with the same “stick ’em up.” Congress deemed a sequence of robberies worse than one robbery of several people. See United States v. Herbert, 860 F.2d 620, 622 (5th Cir.1988). When one court of appeals treated robberies of several victims at the same time as distinct “occasions” for purposes of a forerunner to § 924(e), the Solicitor General confessed error and the court retreated. See United States v. Petty, 798 F.2d 1157 (8th Cir.1986), vacated, 481 U.S. 1034, 107 S.Ct. 1968, 95 L.Ed.2d 810 sentence reduced on remand, 828 F.2d 2 (1987). Godinez contends that abduction followed by robbery must be treated the same as robberies of several persons at the same time.
We have held that a different “occasion” means a “separate and distinct criminal episode”. Schieman, 894 F.2d at 913. Ordering six poker players at the same game to empty their pockets is one criminal episode. But one crime hard on the heels of another can be a “separate and distinct criminal episode”, as Schieman itself shows. Schieman committed a burglary. Three blocks away he attacked and wounded a police officer. This was a distinct transaction, we held, because the burglary was over. Ibid. Schie-man could have committed either crime without the other; a person willing to commit both is more dangerous than a person who confines himself to one. That the two crimes were close in time did not matter, we concluded. Several other courts similarly have concluded that offenses in rapid succession[*473] can be separate “occasions”. E.g., United States v. Brady, 988 F.2d 664, 668-69 (6th Cir.1993) (in banc) (robberies of different victims 45 minutes apart); United States v. Washington, 898 F.2d 439 (5th Cir.1990) (two robberies of same clerk at a convenience store separated, by several hours); United States v. Wickes, 833 F.2d 192 (9th Cir.1987) (burglaries of different places on the same evening).
Schieman observed that the robbery had been completed before the assault on the officer began. Godinez reminds us that a kidnapping does not end until the victim is free; thus one of his crimes was in progress while he committed the second. Kidnapping is treated as a single offense in order to define the unit of prosecution: one kidnapping is a single crime, rather than, say, one crime per hour of detention. That kidnapping is a continuing offense also means that the statute of limitations runs from the release rather than the capture of the victim. For purposes of § 924(e), however, the question is not whether one crime overlaps another but whether the crimes reflect distinct aggressions. Having kidnapped Randle, Go-dinez could have changed his mind and desisted from the planned robbefy; or he could have gone on a spree, robbing several victims and shooting all who resisted. Godinez argues that so long as he detained Randle and used her car as the getaway vehicle, any additional crime — a robbery, ten robberies over a week, twenty murders in the course of escaping from these robberies — is part of a single “occasion” whose duration is defined by Randle’s captivity. Such an approach obliterates vital differences in criminal culpability. It also creates distinctions that lack any bearing on dangerousness. Suppose Randle had escaped before Godinez reached the store he planned to rob. Then the kidnapping would have been over before the robbery began, and by Godinez’s rationale the two crimes would have been separate “occasions”. What sense would it make to give such significance to an event that Godi-nez neither planned nor knew about?
United States v. Towne, 870 F.2d 880, 888-91. (2d Cir.1989), helps to illustrate the distinction between multiple crimes and multi-pie “occasions”. Picked up while hitchhiking, Towne drew a gun on the driver, directed her to go to a secluded place, and raped her. He was convicted of kidnapping and sexual assault. Emphasizing the temporal dimension of “occasion,” the second circuit, concluded that these two offenses counted as one for purposes of § 924(e). Towne committed two crimes against one victim in a short span. Godinez, .by contrast, committed his crimes against different victims, in different places, more than an hour apart. It would strain language considerably, without serving any purpose plausibly attributed to Congress, to treat the kidnapping and the robbery as a single “occasion.”
Affirmed.