Defendant's firearm possession sentence is vacated where 1) the law of the case doctrine precluded the district court from revisiting its determination at resentencing; and 2) the government adequately established that defendant committed the requisite predicate offenses under the Armed Career Criminal Act (ACCA) "on occasions different from one another" so as to subject defendant to the ACCA's mandatory 15-year sentence.
Argued April 23, 2009
Decided July 21, 2009
Opinion by Judge Henderson
SuzAnne C. Nyland, Assistant United States Attorney, Washington, DC
Jeffrey A. Taylor, United States Attorney, Washington, DC
A. J. Kramer, Federal Public Defender, Washington, DC