
USCA1 Opinion

	




        September 18, 1995      [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 93-1698                                    UNITED STATES,                                      Appellee,                                          v.                                GERALD HOYT HUMPHREY,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                            FOR THE DISTRICT OF MAINE                     [Hon. D. Brock Hornby, U.S. District Judge]                                            ___________________                                 ____________________                                        Before                                Selya, Stahl and Lynch,                                   Circuit Judges.                                   ______________                                 ____________________            Tina Schneider on brief for appellant.            ______________            Jay P.  McCloskey, United States  Attorney, and  F. Mark  Terison,            _________________                                ________________        Assistant U.S. Attorney, on brief for appellee.                                 ____________________                                 ____________________                      Per  Curiam.    Gerald  Hoyt Humphrey  appeals  his                      ___________            sentencing  as an  armed career  criminal  under 18  U.S.C.              924(e), claiming  that he  did not  have the  requisite three            convictions for crimes committed on "occasions different from            one  another."   The  district  court  found that  Humphrey's            crimes  of armed  robbery,  on the  one  hand, and  attempted            murder and kidnapping,  on the other,  had been committed  on            different occasions, so that his convictions for those crimes            qualified   as  two  of   the  required   three  convictions.            (Humphrey also  had a previous  conviction for manslaughter.)            As  the district court  found, those crimes  are different in            nature and were committed on  different days and at different            locations.  We add  as well that they were  committed against            different victims.  Under the circumstances, it is clear that            the district court did  not err in sentencing Humphrey  as an            armed  career  criminal.   Compare,  e.g.,  United States  v.                                       ______________   _____________            Ressler, 54 F.3d 257, 259-60  (5th Cir. 1995); United  States            _______                                        ______________            v. Hudspeth, 42 F.3d 1015, 1020-22 (7th Cir. 1994) (en banc),               ________            cert.  denied,  115  S. Ct.  2252  (1995);  United States  v.            _____________                               _____________            Rideout,  3 F.3d 32,  34 (2d Cir.), cert.  denied, 114 S. Ct.            _______                             _____________            569 (1993)  (all determining  that crimes committed  the same            night were committed on different occasions because they were            committed  at different times,  against different victims, at            different locations); cf. United  States v. Gillies, 851 F.2d                                  ___ ______________    _______            492,  497  (1st  Cir.)  (convictions  for  robberies  of  two            different stores on consecutive days qualified  as two of the            three requisite  convictions under  an earlier version  of 18            U.S.C.   924(e)), cert. denied, 488 U.S. 857 (1988).                               ____________                      Affirmed.                      _________                                         -3-
