ACCA Separate-Occasion Findings May Rest on Stipulations; Invited Error Bars Challenges to Requested Instructions

United States v. Willie Boone
United States Court of Appeals for the Eleventh Circuit
No. 24-10692 | October 20, 2026 | Per curiam

Publication status: The opinion is designated “NOT FOR PUBLICATION.” It applies existing doctrine rather than establishing binding circuit precedent.

1. Introduction

The Eleventh Circuit affirmed Willie Boone’s drug-trafficking and firearm convictions and his aggregate sentence of 45 years’ imprisonment. The appeal brought together four recurring issues in federal criminal practice: the jury’s role in determining whether prior offenses occurred on different occasions under the Armed Career Criminal Act (ACCA), proof of machinegun possession and its connection to drug trafficking, the knowledge required for a machinegun penalty under 18 U.S.C. § 924(c), and the prejudicial effect of allegedly inadmissible hearsay.

The central procedural lesson is that a defendant cannot ordinarily obtain reversal for an instructional omission he affirmatively requested. The opinion also explains that a factual stipulation can supply evidence supporting the jury’s separate-occasions finding under ACCA. On machinegun liability, the panel adhered to existing circuit precedent holding that § 924(c)(1)(B)(ii) does not require proof that the defendant knew the firearm had machinegun characteristics.

2. Background and Procedural History

The charges and trial evidence

A federal indictment charged Boone with five offenses:

  1. Conspiracy to possess controlled substances with intent to distribute;
  2. Possession of controlled substances with intent to distribute;
  3. Possession of a machinegun in furtherance of the drug-trafficking crimes;
  4. Possession of a firearm as a convicted felon, with an ACCA enhancement alleged; and
  5. Possession of an unregistered machinegun.

During execution of a search warrant, officers detained Boone within the property’s fence and found approximately $995 nearby. Inside, they recovered controlled substances, drug-distribution paraphernalia, and two stolen, loaded firearms placed on a table with their handles positioned for easy access. One firearm was a Glock fitted with a “switch,” a conversion device that allowed continuous firing with a single trigger pull.

DNA evidence linked Boone to both firearms. Officers also recovered a phone attributable to him containing drug- and gun-related communications, photographs, and video. One video showed Boone handling a Glock equipped with a switch. Shortly afterward, a message asking to purchase a switch received the response, “Only got 2 right now.” Another photograph depicted drugs, money, and a Glock with distinctive features matching the weapon recovered during the search.

The ACCA stipulation and jury finding

Boone stipulated that he had been convicted, and knew he had been convicted, of three prior felonies “for offenses committed on occasions different from one another.” When the government proposed a corresponding jury instruction and special verdict question, Boone objected to both as unnecessary in light of the indictment and stipulation.

The district court sustained his objection to the instruction but retained the special verdict question. The jury convicted Boone on all counts and expressly found that he possessed the firearm after at least three previous convictions for offenses committed on different occasions.

The sentence

At sentencing, Boone did not object to the presentence report and requested the statutory minimum aggregate sentence of 45 years. The district court imposed concurrent sentences of 180 months on Counts 1, 2, and 4, and 120 months on Count 5, followed by a consecutive 360-month sentence on Count 3. The resulting sentence was 540 months.

3. Summary of the Opinion

The court rejected all four appellate challenges:

  • ACCA: Boone invited any error arising from the omitted separate-occasions instruction. Independently, his stipulation supported the jury’s express separate-occasions finding.
  • Sufficiency of the evidence: The combined physical, digital, and circumstantial evidence supported the machinegun convictions and the required connection between the firearm and drug trafficking.
  • Machinegun instruction: Existing circuit precedent did not require a finding that Boone knew the firearm’s machinegun characteristics for Count 3. Moreover, Boone had jointly proposed and advocated the instruction he later challenged.
  • Alleged hearsay: Even assuming the challenged testimony was inadmissible and improperly admitted, any error was harmless.

The court also denied Boone’s motion to supplement the appellate record with documents concerning his ACCA predicate convictions because those documents could not change its resolution of his claim.

4. Analysis: Governing Precedents and Legal Reasoning

A. ACCA: A jury determination supported by a stipulation

Boone relied on Erlinger v. United States, 602 U.S. 821 (2024), which recognizes a defendant’s entitlement to a jury determination whether ACCA predicate offenses occurred on separate occasions. He argued that his stipulation was insufficient and sought a new jury proceeding.

The panel did not question Erlinger v. United States. Instead, it concluded that Boone’s case presented both a procedural obstacle to relief and an adequate evidentiary foundation for the finding actually made.

Invited error

Under United States v. Brannan, 562 F.3d 1300, 1306 (11th Cir. 2009), a party who induces the district court to make an alleged error ordinarily cannot obtain reversal on that ground. This rule extends beyond simply failing to object: it addresses affirmative conduct requesting or accepting the challenged procedure.

Boone expressly opposed the proposed instruction requiring the jury to determine whether the prior offenses occurred on separate occasions. The court omitted that instruction because of his objection. He therefore could not complain on appeal about the omission he had procured.

The stipulation supplied evidence for the special finding

Independently, the jury had expressly found separate occasions, and Boone’s stipulation directly supported that finding. The panel quoted the ordinary treatment of factual stipulations discussed in Old Chief v. United States, 519 U.S. 172, 200 (1997): jurors may accept stipulated facts as evidence and regard those facts as proved.

The attribution is important: the quoted passage appears in Justice O’Connor’s dissent, not the majority opinion. The panel used it to describe the conventional evidentiary effect of a stipulation, not as a majority holding resolving the constitutional question presented here.

The decision thus does not hold that a judge may replace the jury’s separate-occasions determination merely because a stipulation exists. Here, the stipulation supplied evidence, and the special verdict established that the jury made the required finding.

Boone’s argument that the state could have prosecuted the prior offenses together did not overcome these grounds. The panel did not develop a broader test for deciding when offenses form one occasion, nor did it resolve a disputed classification of his prior convictions as qualifying ACCA predicates.

B. Sufficiency: The cumulative evidentiary picture supported possession and knowledge

The court’s assessment was governed by a deferential appellate standard. United States v. Hill, 99 F.4th 1289, 1305 (11th Cir. 2024), supported its presentation of the trial evidence in the light most favorable to the verdict. United States v. Gamory, 635 F.3d 480, 497 (11th Cir. 2011), required reasonable inferences to favor the government, while United States v. Clay, 832 F.3d 1259, 1294 (11th Cir. 2016), instructed that a verdict stands if a reasonable construction of the evidence permits guilt beyond a reasonable doubt.

These precedents explain why the panel did not reweigh the evidence or demand direct eyewitness testimony for every element. Its task was to determine whether the jury’s conclusions were reasonably available.

For possession, United States v. Gunn, 369 F.3d 1229, 1235 (11th Cir. 2004), supplied the constructive-possession principle: a person possesses an object when he has the power and intention to exercise control over it, directly or through others. Boone’s recorded handling of a switch-equipped Glock demonstrated control, while the DNA evidence and matching firearm characteristics connected him to the recovered weapons.

For knowledge, the switch’s visible placement, Boone’s handling of the weapon, and the contemporaneous exchange about selling switches permitted the jury to infer that he understood the device and its function. The court relied on these circumstances together, rather than treating visibility or physical contact alone as conclusive proof of knowledge.

C. “In furtherance” requires a connection, not merely coexistence

The principal authority was United States v. Timmons, 283 F.3d 1246, 1252–53 (11th Cir. 2002). It requires proof that firearm possession helped, furthered, promoted, or advanced drug trafficking. A firearm’s presence within the defendant’s control during a drug offense does not, without more, satisfy § 924(c).

The relevant factors include:

  • The nature of the drug activity;
  • The firearm’s accessibility and type;
  • Whether it was stolen or unlawfully possessed;
  • Whether it was loaded;
  • Its proximity to drugs or drug proceeds; and
  • The circumstances of its discovery.

Those factors strongly favored the verdict: the firearms were stolen and loaded, located beside drugs and distribution materials, and positioned for ready use. Digital evidence also connected Boone to both firearm activity and drug sales.

United States v. Cruz, 805 F.2d 1464, 1474 (11th Cir. 1986), supplied the broader observation that firearms and narcotics trafficking frequently have a powerful connection. That observation supplemented, rather than displaced, the individualized nexus analysis required by United States v. Timmons.

Consequently, the absence of an officer’s observation of Boone inside the building did not defeat the prosecution. The cumulative evidence permitted the necessary connection without that particular observation.

D. Machinegun knowledge under § 924(c): Existing circuit law controlled

The instructional challenge addressed in the court’s substantive analysis concerned Count 3, the § 924(c) offense. Boone argued that the jury should have been required to find that he knew the characteristics making the firearm a machinegun.

The ordinary plain-error framework

United States v. Johnson, 694 F.3d 1192, 1195 (11th Cir. 2012), supplied the ordinary rule that an instructional claim first raised on appeal receives plain-error review. Under Greer v. United States, 593 U.S. 503, 507–08 (2021), the defendant must establish error, plainness, and an effect on substantial rights—ordinarily a reasonable probability of a different outcome. Even then, correction is discretionary and requires a serious effect on the fairness, integrity, or public reputation of judicial proceedings.

United States v. Verdeza, 69 F.4th 780, 791 (11th Cir. 2023), further explains that, when statutory or rule text does not resolve an issue, the absence of directly controlling Supreme Court or circuit precedent prevents a finding of plain error.

Binding precedent foreclosed the proposed instruction

More directly, United States v. Haile, 685 F.3d 1211, 1217 (11th Cir. 2012), holds that § 924(c)(1)(B)(ii) does not require proof that the defendant knew the firearm was a machinegun. Under that authority, omitting Boone’s proposed knowledge requirement was not error.

United States v. Archer, 531 F.3d 1347, 1352 (11th Cir. 2008), required the panel to follow that earlier circuit decision unless it had been overruled or undermined to the point of abrogation by the Supreme Court or the circuit sitting en banc.

The panel acknowledged possible tension with Rehaif v. United States, 588 U.S. 225 (2019). That decision requires knowledge of firearm possession and prohibited status under the statutory provisions it addressed. But it did not decide the machinegun-characteristics question under § 924(c). The statutes relevant to its knowledge holding were therefore different from the provision governing Boone’s Count 3 challenge.

Applying TL90108 L.L.C. v. Ford, 147 F.4th 1351, 1360 (11th Cir. 2025), the panel emphasized that doctrinal tension is insufficient: intervening Supreme Court reasoning must undermine the earlier decision’s fundamental foundations before a panel may depart from it.

Invited error independently barred review

Boone also faced a separate procedural bar. He and the government jointly proposed the material language of the instruction, and he specifically advocated the circuit’s pattern instruction.

United States v. Maradiaga, 987 F.3d 1315, 1322 (11th Cir. 2021), treats proposing the very language later challenged as a textbook instance of invited error. United States v. Frank, 599 F.3d 1221, 1240 (11th Cir. 2010), establishes that invited error forecloses review even when ordinary plain-error review might otherwise apply.

The decision’s scope must remain clear: its discussion of United States v. Haile concerns § 924(c), not a universal elimination of knowledge requirements for machinegun offenses. Separately, the panel found the evidence sufficient to establish Boone’s actual knowledge when reviewing Counts 3 and 5.

E. Alleged hearsay: Harmlessness made admissibility unnecessary to decide

During defense questioning, Detective Chaves recounted another officer shouting that Boone was throwing money. Boone challenged this statement as hearsay, stressing that Chaves had not personally seen him throw money.

The government argued that the statement explained its effect on Chaves—why he moved to detain Boone—rather than proving that Boone actually threw money.

Proctor v. Fluor Enters., Inc., 494 F.3d 1337, 1349 (11th Cir. 2007), supplied abuse of discretion as the evidentiary standard of review. United States v. Frazier, 387 F.3d 1244, 1259 (11th Cir. 2004), explained that this standard allows a range of permissible choices unless the district court makes a clear error of judgment.

Nevertheless, the panel did not resolve whether the statement was hearsay or whether admitting it was an abuse of discretion. Its actual reasoning rested on harmless error.

Under United States v. Barton, 909 F.3d 1323, 1330–31 (11th Cir. 2018), reversal required a substantial prejudicial effect. Other evidence already placed cash near Boone and depicted him displaying money. More importantly, extensive independent evidence connected him to the firearms and trafficking activity.

United States v. Guzman, 167 F.3d 1350, 1353 (11th Cir. 1999), permits overwhelming evidence of guilt to be considered when assessing harmlessness. On this record, the disputed statement had no meaningful demonstrated effect on the verdict. The opinion therefore should not be read as approving the government’s “effect on the listener” theory on its merits.

5. Complex Concepts Simplified

Separate occasions under ACCA
The enhancement requires qualifying prior offenses committed on different occasions. The occasion inquiry concerns the underlying criminal events, not simply the number of convictions.
Stipulation
An agreement that a fact is established. Here, it provided evidence from which the jury could find that Boone’s prior offenses occurred separately.
Invited error versus forfeiture
Forfeiture generally means failing to object and may permit plain-error review. Invited error means affirmatively causing the challenged ruling and ordinarily forecloses that review.
Constructive possession
Control over an object without necessarily holding it at the moment officers arrive. Mere proximity alone does not establish the required power and intention to control it.
“In furtherance” nexus
A practical connection showing that the firearm helped advance drug trafficking, rather than merely being nearby.
Prior-panel-precedent rule
A circuit panel must follow an earlier panel’s holding unless an authorized intervening decision displaces it. Doubts about the earlier reasoning are not enough.
Harmless error
An assumed or established legal mistake that does not justify reversal because it did not sufficiently affect the outcome.

6. Potential Impact

Post-Erlinger ACCA proceedings. The opinion illustrates how a factual stipulation and an express jury finding can operate together. It also demonstrates the practical value of a special verdict question: despite the omitted instruction, the record unmistakably showed what the jury decided.

Defense preservation decisions. Its strongest practical warning concerns affirmative requests. Objecting that an instruction is unnecessary, or jointly proposing its language, can eliminate appellate review that mere silence might have preserved.

Digital evidence in firearm prosecutions. Videos, messages, photographs, and distinctive physical features may collectively establish possession, knowledge, and a trafficking connection even when officers do not observe the defendant physically handling the recovered firearm during the search.

Machinegun mens rea litigation. The opinion preserves the circuit’s existing § 924(c) rule while acknowledging possible doctrinal tension with later Supreme Court reasoning. Any reconsideration must occur through an appropriate binding decision, not a panel’s conclusion that the earlier rule has become questionable.

Limits of the decision. As an unpublished opinion, it does not create binding circuit precedent. Nor does it decide whether the disputed officer statement was admissible, establish a comprehensive ACCA occasions test, or eliminate knowledge requirements across different machinegun statutes.

7. Conclusion

United States v. Willie Boone affirms that an ACCA separate-occasions finding may rest on stipulated facts when the jury expressly makes that finding. It also reinforces the consequences of invited error, the continuing force of circuit precedent on § 924(c) machinegun knowledge, and the importance of evaluating evidence cumulatively.

The judgment was affirmed in full. The opinion’s broader significance lies in its application of established evidentiary and appellate rules—not the announcement of a new binding rule.