UNITED STATES OF AMERICA v. CALVIN COGDILL - Articles

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UNITED STATES OF AMERICA v. CALVIN COGDILL

Posted by: Azya Thornton on Mar 3, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Jennifer Niles Coffin, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

Attorneys 2: ARGUED: Luke A. McLaurin, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, for Appellee.

Attorneys 3: ON SUPPLEMENTAL BRIEF: Jennifer Niles Coffin, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

Attorneys 4: ON SUPPLEMENTAL BRIEF: Luke A. McLaurin, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, for Appellee.

Judge(s): CLAY, GRIFFIN, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Tennessee at Chattanooga

GRIFFIN, Circuit Judge. This case returns to us after the Supreme Court vacated our earlier decision and remanded for our reconsideration following Erlinger v. United States, 602 U.S. 821 (2024). After defendant Calvin Cogdill pleaded guilty to being a felon in possession of a firearm, the district court, over Cogdill’s objection, determined that Cogdill committed three prior drug offenses “on occasions different from one another,” subjecting him to an enhanced sentence under the Armed Career Criminal Act. Erlinger later clarified that it was error for the judge, instead of a jury, to make that occasions decision. Here, we must review that error for harmlessness, see United States v. Campbell, 122 F.4th 624, 629–31 (6th Cir. 2024), and we hold that the district court’s error was not harmless. We thus vacate Cogdill’s sentence and remand to the district court for further proceedings consistent with this opinion.

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