United States v. Alers
Docket: No. 01-1306
Court: Court of Appeals for the Second Circuit; December 20, 2001; Federal Appellate Court
The judgment of the United States District Court for the Southern District of New York, presided over by Judge Richard M. Berman, is affirmed. Luis Alers appeals his conviction for possessing a firearm after a felony conviction, in violation of 18 U.S.C. § 922(g)(1). He challenges the 15-year sentence imposed under 18 U.S.C. § 924(e), arguing that the indictment did not specify and the jury did not determine that the predicate offenses occurred on different occasions, a requirement under § 924(e). However, this claim is rejected based on precedent established in United States v. Santiago, 268 F.3d 151 (2d Cir. 2001). Thus, the court upholds the original judgment.