UNITED STATES OF AMERICA v. JERMAINE KIMBROUGH - Articles

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UNITED STATES OF AMERICA v. JERMAINE KIMBROUGH

Posted by: Azya Thornton on May 23, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: J. Everett Hoagland, FEDERAL PUBLIC DEFENDER’S OFFICE, Memphis, Tennessee, for Appellant.

Attorneys 2: ON BRIEF: Karen Hartridge, UNITED STATES ATTORNEY’S OFFICE, Memphis, Tennessee, for Appellee.

Judge(s): GILMAN, READLER, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Western District of Tennessee at Memphis

RONALD LEE GILMAN, Circuit Judge. Jermaine Kimbrough pleaded guilty in 2022 to four criminal offenses that involved carjacking and firearms. At sentencing, the district court determined that Kimbrough had committed three prior violent felonies “on occasions different from one another,” which made him subject to an enhanced sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1). The Supreme Court subsequently held in Erlinger v. United States, 602 U.S. 821, 835 (2024), that error occurs when a judge, instead of a jury, makes the “occasions” decision. We review that decision to determine if the error was harmless. See United States v. Campbell, 122 F.4th 624, 629–31 (6th Cir. 2024). Because the error was not harmless in the present case, we VACATE Kimbrough’s sentence on Counts One, Two, and Four and REMAND for further proceedings consistent with this opinion.

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