UNITED STATES OF AMERICA, v. RUSSELL JAVON LINNEY
US Court of Appeals for the Fourth Circuit, Wilkinson, Filed April 26, 2016,
ACCA – Armed Career Criminal Act – Burglarizing two houses “thirty feet apart” constituted two “separate and distinct” criminal episodes, as there were different victims and the defendant had “sufficient opportunity to evaluate whether to commit another crime.”

ACCA – 5 Factors are used to determine whether predicate offenses were committed on different occasions:
(1) whether the offenses “arose in different geographic locations”;
(2) whether “the nature of each offense was substantively different”;
(3) whether each offense “involved different victims”;
(4) whether each offense “involved different criminal objectives”;
and (5) whether “the defendant had the opportunity after committing the first-in-time offense to make a conscious and knowing decision to engage in the next-in-time offense.”

ACCA – This analysis is conducted using “Shepard-approved sources” – In cases that involve prior convictions based on guilty pleas, these sources consist of “conclusive judicial records” such as the indictment, judgment, any plea agreement, the plea transcript or other comparable record confirming the factual basis for the plea, and any document “explicitly incorporated” into one of the foregoing.