United States v. Lee, 208 F.3d 1306 (11th Cir. 2000). · Go Syfert
United States v. Lee, 208 F.3d 1306 (11th Cir. 2000). Cases Citing This Book View Copy Cite
30 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Mar-Jac Poultry, Inc. (ca11, 2018-10-09)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Mar-Jac Poultry, Inc.
11th Cir. · 2018 · confidence medium
United States v. Lee, 208 F.3d 1306, 1307 (11th Cir. 2000). 3 The Court notes that published decisions from this Circuit have held that these Supreme Court cases require a de novo standard even when a warrant was involved.
discussed Cited as authority (rule) United States v. Willie McCloud
11th Cir. · 2016 · confidence medium
A crime is “successive” when the defendant had “a meaningful opportunity to desist ... activity before committing the second offense” and “the crimes reflect[ ] distinct aggressions.” United States v. Lee, 208 F.3d 1306, 1307 (11th Cir.2000) (per curiam) (first alteration in original) (internal quotation mark omitted).
cited Cited as authority (rule) United States v. Edward Shane Smallwood
11th Cir. · 2016 · confidence medium
United States v. Lee, 208 F.3d 1306, 1307 (11th Cir.2000) (per curiam); United States v. Ghertler, 605 F.3d 1256, 1267 (11th Cir.2010).
discussed Cited as authority (rule) Dan Carmichael McCarthan v. Warden, FCC Coleman - Medium (2×)
11th Cir. · 2016 · confidence medium
Thus, we have held that prior convictions were separate ACCA offenses where a defendant committed two burglaries in “immediate succession by breaking into and robbing two offices that were 200 yards apart from one another,” id. at 689, 692 ; where a defendant committed two burglary offenses “on the same day at separate addresses on the same street,” Proch, 637 F.3d at 1265 ; and where a defendant burgled a credit union and, minutes later, broke into a storage shed in the course of fleeing from the police, United States v. Lee, 208 F.3d 1306, 1307 (11th Cir. 2000).
cited Cited as authority (rule) United States v. Jason Christopher Walker
11th Cir. · 2012 · confidence medium
United States v. Lee, 208 F.3d 1306, 1307 (11th Cir.2000).
cited Cited as authority (rule) United States v. Proch
11th Cir. · 2011 · confidence medium
United States v. Lee, 208 F.3d 1306, 1307 (11th Cir .2000).
discussed Cited as authority (rule) United States v. Jenord Brown (2×) also: Cited "see, e.g."
11th Cir. · 2010 · confidence medium
United States v. Lee, 208 F.3d 1306, 1307 (11th Cir.2000). *372 III.
discussed Cited as authority (rule) United States v. Jenord Brown (2×) also: Cited "see, e.g."
11th Cir. · 2010 · confidence medium
United States v. Lee, 208 F.3d 1306, 1307 (11th Cir. 2000).
discussed Cited as authority (rule) United States v. Mario Jerome Bentley (2×)
11th Cir. · 2005 · confidence medium
United States v. Lee, 208 F.3d 1306, 1307 (11th Cir.2000).
discussed Cited as authority (rule) United States v. Anthony James Richardson (2×) also: Cited "see"
11th Cir. · 2000 · confidence medium
We agree with appellant that this should count as only one conviction for purposes of sentencing, as it constitutes a single episode even though there were separate punishable acts.”); Pope, 132 F.3d at 692 (“Because Pope had completed his first burglary when he made the decision to commit the second burglary by breaking into another office 200 yards away, the two crimes were committed on ‘occasions different from one another.’ ”); Lee, 208 F.3d at 1308 (“Lee here successfully completed his first crime.
discussed Cited as authority (rule) United States v. Anthony James Richardson (2×) also: Cited "see"
11th Cir. · 2000 · confidence medium
We agree with appellant that this should count as only one conviction for purposes of sentencing, as it constitutes a single episode even though there were separate punishable acts.”); Pope, 132 F.3d at 692 (“Because Pope had completed his first burglary when he made the decision to commit the second burglary by breaking into another office 200 yards away, the two crimes were committed on ‘occasions different from one another.’”); Lee, 208 F.3d at 1308 (“Lee here successfully completed his first crime.
discussed Cited as authority (rule) United States v. Anthony James Richardson (2×) also: Cited "see"
11th Cir. · 2000 · confidence medium
We agree with appellant that this should count as only one conviction for purposes of sentencing, as it constitutes a single episode even though there were separate punishable acts."); Pope, 132 F.3d at 692 ("Because Pope had completed his first burglary when he made the decision to commit the second burglary by breaking into another office 200 yards away, the two crimes were committed on 'occasions different from one another.' "); Lee, 208 F.3d at 1308 ("Lee here successfully completed his first crime.
discussed Cited "see, e.g." United States v. Wheeler Zamichieli
3rd Cir. · 2022 · signal: see also · confidence medium
See Government of the Virgin Islands v. Martinez, 239 F.3d 293, 297 (3d Cir.2001); see also, United States v. Lee, 208 F.3d 1306, 1307 (11th Cir.2000), cert. denied, 532 U.S. 907 , 121 S. Ct. 1232 (2001) (whether defendant’s prior offenses count as separate under the ACCA is a legal issue subject to de novo review). 4 part of a single criminal episode.
discussed Cited "see, e.g." United States v. Mucha
3rd Cir. · 2002 · signal: see also · confidence low
See Government of the Virgin Islands v. Martinez, 239 F.3d 293, 297 (3d Cir.2001); see also, e.g., United States v. Lee, 208 F.3d 1306 (11th Cir.2000), cert. denied, 532 U.S. 907 , 121 S.Ct. 1232 , 149 L.Ed.2d 141 (2001) (whether defendant’s prior offenses counted as separate under the ACCA was legal issue subject to de novo review).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alfred Wayne LEE, Defendant-Appellant
99-4240.
Court of Appeals for the Eleventh Circuit.
Apr 13, 2000.
208 F.3d 1306
Kathleen M. Williams, Fed. Pub. Def., Daryl Wilcox, Miami, FL, for Defendant-Appellant., Kathleen M. Salyer, U.S. Atty., Phillip DiRosa, Carol E. Herman, Miami, FL, for Plaintiff-Appellee.
Cox, Hill, Nesbitt, Per Curiam.
Cited by 16 opinions  |  Published
[*1307] PER CURIAM:

Alfred W. Lee, Sr. was caught pawning a shotgun, and he was convicted for possessing a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Lee appeals, challenging among other rulings the district court’s conclusion that he had been convicted of three violent felonies, and thus was subject to the armed-career-criminal mandatory minimum sentence of 18 U.S.C. § 924(e), the Armed Career Criminal Act. [1] We affirm.

Two of the three predicate convictions, one for strong-arm robbery and the other for burglary, resulted from conduct occurring on the same day in 1993. On that day, Lee first robbed a credit union at gunpoint. Having collected $300, he made a successful getaway in a Dodge Omni. An officer responding at the scene immediately issued a bulletin with a description of Lee and the Omni. Within a few minutes, another officer in a nearby jurisdiction spotted the Omni, now rolling with a flat tire, about two miles from the credit union. The officer stopped the car, but Lee fled on foot. Officers surrounded the area and ' finally caught Lee as he exited a backyard storage shed where he had broken in and hidden.

The district court concluded, on these facts, that there was enough of a break between the robbery and the burglary for the two to be “committed on occasions different from one another” as required by 18 U.S.C. § 924(e)(1) to treat them as separate felonies, and the court accordingly sentenced Lee as an armed career criminal to 210 months’ incarceration. Lee’s contention on appeal, as it was in the district court, is that the robbery and the burglary were a single criminal episode, and thus do not count as two separate felonies for these purposes. This is an issue of law, which we review de novo. See United States v. Pope, 132 F.3d 684, 689 (11th Cir.1998).

Two cases from this circuit come very close to interpreting § 924(e) on similar facts. In the first, United States v. Sweeting, 933 F.2d 962, 967 (11th Cir.1991), the defendant burglarized one house and then, as the police approached, broke into another house to hide. In the second case, United States v. Pope, 132 F.3d 684, 692 (11th Cir.1998), the defendant committed two burglaries two hundred yards apart on the same night. The Sweeting panel held that the two burglaries were committed on the same “occasion” under the statute, and thus counted as one felony; the Pope panel reached the opposite conclusion on its facts. Lee would have us read the two cases either as conflicting (in which case the older case would control this panel’s decision [2] ) or to view his facts as closer to Sweeting than Pope.

We reject both of these contentions. The rule stated in Pope comports with the result in Sweeting, which was reached without extended discussion. Pope held that “so long as predicate crimes are successive rather than simultaneous, they constitute separate criminal episodes for purposes of the ACCA.” Pope, 132 F.3d at 692. By “successive,” the Pope panel meant that the crimes were separated by “a meaningful opportunity to desist ... activity before committing the second offense,” id. at 690, and that the crimes reflected “distinct aggressions, especially if the defendant committed the crimes in different places,” id. at 692.

The Sweeting and Pope panels’ different conclusions simply reflect the panels’ judgment on the degree of break between the first and second crimes. The Sweeting court evidently concluded (its recitation of the facts of the predicate crimes is not detailed enough to tell for sure) that Sweeting, being under the pressure of hot pursuit after the commission of his first crime, had no meaningful opportunity to avoid his second crime, which was part of[*1308] the same aggressive conduct, and in the same area, as his first burglary. In Pope, on the other hand, the panel observed that Pope had time to stop his criminal activity rather than undertake a second crime. See id. at 692.

This case comes closer to Pope than Sweeting because of the significant separation between the credit union robbery and the shed burglary. It is true that the crimes represent one course of criminal conduct, but so did the burglaries in Pope. The more important point is that as in Pope, Lee here successfully completed his first crime. He got away. Only after he was spotted some two miles away based on a description of his car did he set into motion the chain of events leading to his second crime, and that crime was committed in a completely different venue. That break makes the crimes successive, distinct aggressions. The district court thus properly sentenced Lee under § 924(e).

AFFIRMED.

1

. Lee’s other challenges to his conviction and sentence do not warrant discussion. See 11th Cir. R. 36-1.

2

. See Walker v. Mortham, 158 F.3d 1177, 1188-89 (11th Cir.1998).