PETTY

v.

UNITED STATES

Citator

Cited By (25 total)

• United States v. Towne, 870 F.2d 880 (2d Cir. 1989)
  …time. The Supreme Court thereafter vacated the lower court judgment and remanded the matter to the Eighth Circuit “for further consideration in light of the position presently asserted by the Solicitor General in his brief.” Petty v. United States, 481 U.S. 1034, 1034, 107 S.Ct. 1968, 95 L.Ed.2d 810 (1987). Upon remand, the Court of Appeals adopted the Solicitor General’s view that the statute was in fact “intended to reach multiple criminal episodes that were distinct in time” rather than multiple felony…

  ← 1 / 2 →
• United States v. Balascsak, 873 F.2d 673 (3d Cir. 1989)
  …dicate convictions be committed on occasions different from one another. 18 U.S.C. § 3575(e)(1) (1982) (repealed); 21 U.S.C. § 849(e)(1) (1982) (repealed). It goes on to recount that in 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 (1987), where the court of appeals upheld an enhanced sentence under section 1202(a) for a defendant who received six convictions for simultaneously robbing six victims in one restaurant, the Solicitor General’s respo…

  ← 1 / 2 →
• United States v. Pope, 132 F.3d 684 (11th Cir. 1998)
  …cident in which a defendant was convicted of six counts of robbery for simultaneously robbing six restaurant patrons during one “stick up” was sufficient to apply the ACCA. See United States v. Petty, 798 F. 2d 1157, 1159-60 (8th Cir.1986), vacated, 481 U.S. 1034, 107 S.Ct. 1968, 95 L.Ed.2d 810 (1987). Congress added the phrase “committed on occasions different from one another” to avoid outcomes like that in Petty, where a single action by a defendant results in a sentence enhancement under the ACCA. See…