United States of America v. Curlie Marque Quarterman

United States Court of Appeals
For the Eighth Circuit
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No. 21-1236
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Curlie Marque Quarterman
lllllllllllllllllllllDefendant - Appellant
___________________________
No. 21-1237
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Curlie Marque Quarterman
lllllllllllllllllllllDefendant - Appellant
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Appeals from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: September 20, 2021
Filed: September 23, 2021
[Unpublished]
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Before ERICKSON, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Curlie Quarterman pleaded guilty to being a felon in possession of a firearm
and Hobbs Act robbery. See 18 U.S.C. §§ 922(g)(1), 1951(a). The district court1
consolidated the cases and gave him a 228-month sentence. In an Anders brief,
Quarterman’s counsel argues that two prior felonies should have been treated as one
under the Armed Career Criminal Act because they were not committed on
“occasions different from one another.” 18 U.S.C. § 924(e).
We conclude that the district court did not plainly err in concluding otherwise.
See United States v. Boman, 873 F.3d 1035, 1040 (8th Cir. 2017) (reviewing an
ACCA determination for plain error in the absence of an on-point objection); see
also United States v. Humphrey, 759 F.3d 909, 911 (8th Cir. 2014) (explaining when
felonies are committed on different occasions). Nor, under circuit precedent, did the
issue need to be decided by a jury. See United States v. Harris, 794 F.3d 885, 887
(8th Cir. 2015) (stating that whether prior offenses were committed on different
occasions is a recidivism-related fact that is for the district court to determine).
Finally, we have independently reviewed the record and conclude that no
other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988).
We accordingly affirm the judgment of the district court and grant counsel
permission to withdraw.
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1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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