212234P.pdf   09/22/2023  United States  v.  Christopher Stowell
   U.S. Court of Appeals Case No:  21-2234
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] Kobes, Author, for the Court En Banc] 
   Criminal case - Sentencing. The district court did not err in determining 
   that defendant's predicate offenses were committed on different occasions 
   and could serve as the basis for sentencing defendant as an armed career 
   criminal; the multi-day gap separating the battery offenses strongly 
   supported a finding that defendant committed them on different occasions; 
   even assuming that the Sixth Amendment requires a jury to determine 
   whether the offenses were committed on different occasions, the district 
   court's error in deciding the question for itself was harmless, as no 
   reasonable jury could find defendant committed the offenses on the same 
   occasion, considering they occurred days apart and involved different 
   victims. Judge Erickson, with whom Judge Kelly joins, dissenting. Judges 
   Grasz and Judge Stras join Part B of the dissent.