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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ERROL DONTES KING,
Defendant-Appellant.
   No. 15-4192
Appeal from the United States District Court for
the Northern District of Ohio at Cleveland.
No. 1:14-cr-00336—Sara E. Lioi, District Judge.
Argued: July 28, 2016
Decided and Filed: March 30, 2017
Before: WHITE and STRANCH, Circuit Judges; MICHELSON, District Judge.


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OPINION
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MICHELSON, District Judge. Defendant Errol King pleaded guilty to being a felon in possession of a firearm and, based on King’s prior convictions, the Government sought and obtained an enhanced sentence under the Armed Career Criminal Act. On appeal, King maintains that the ACCA’s fifteen-year mandatory minimum does not apply to him. He makes this claim not by arguing that he has fewer than three prior convictions for violent felonies, but by arguing that the Government cannot show that his prior offenses were committed on different occasions. In assessing King’s claim, we must answer the following question: When a federal district court is tasked with determining whether a defendant’s prior offenses were “committed on occasions different from one another” as that phrase is used in the ACCA, is the court restricted to using only the evidentiary sources approved in Taylor v. United States, 495 U.S. 575 (1990), and Shepard v. United States, 544 U.S. 13 (2005)? We think both the legal and policy rationales behind Taylor and Shepard’s evidentiary restrictions compel an affirmative answer. This conclusion, coupled with our finding that the district court sentenced King under the ACCA using evidence not approved by Taylor and Shepard, requires us to VACATE the district court’s judgment and REMAND for resentencing.



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RAYMOND ORRAND, Administrator of the Ohio Operating Engineers Health and Welfare Plan, Ohio Operating Engineers Pension Fund, Ohio Operating Engineers Apprenticeship Fund, Ohio Operating Engineers Education and Safety Fund; TRUSTEES OF THE OHIO OPERATING ENGINEERS HEALTH AND WELFARE PLAN; OHIO OPERATING ENGINEERS PENSION FUND; OHIO OPERATING ENGINEERS APPRENTICESHIP FUND, OHIO OPERATING ENGINEERS EDUCATION AND SAFETY FUND,
Plaintiffs-Appellants,
v.
HUNT CONSTRUCTION GROUP, INC.; DONLEY’S INC.; CLEVELAND CONCRETE CONSTRUCTION, INC. dba Cleveland Cement Contractors, Inc.; B & B WRECKING & EXCAVATING, INC.; PRECISION ENVIRONMENTAL COMPANY,
Defendants-Appellees,

NATIONAL LABOR RELATIONS BOARD,
Intervenor-Appellee.
   No. 16-3822
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
Nos. 2:13-cv-00481; 2:13-cv-00489; 2:13-cv-00556;
2:13-cv-00864; 2:13-cv-00900—James L. Graham, District Judge.
Argued: January 26, 2017
Decided and Filed: March 30, 2017
Before: GUY, CLAY, and GRIFFIN, Circuit Judges.


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OPINION
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RALPH B. GUY, JR., Circuit Judge. Plaintiffs in this Employee Retirement Income Security Act (ERISA) contribution action appeal the district court’s order granting defendants summary judgment. We hold that the National Labor Relations Board’s jurisdictional award precludes plaintiffs’ ERISA claims, and therefore affirm.