United States v. Alonzo B. Hill, Jr.
CourtCourt of Appeals for the Eleventh Circuit
Date FiledOctober 27, 2026
Docket23-10149
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10149
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALONZO B. HILL, JR.,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 4:19-cr-00084-RH-MAF-1
____________________
Before LUCK, ABUDU, and KIDD, Circuit Judges.
PER CURIAM:
Alonzo Hill pleaded guilty to possessing a firearm as a con-
victed felon and the district court sentenced him to the enhanced
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2 Opinion of the Court 23-10149
fifteen-year mandatory minimum under the Armed Career Crimi-
nal Act. After his sentence, the Supreme Court decided Erlinger v.
United States, 602 U.S. 821 (2024), which held that the Act’s differ-
ent-occasions requirement is a jury question. On appeal, Hill con-
tends that his plea wasn’t knowing or voluntary because the district
court didn’t tell him about his right to a jury trial on the different-
occasions requirement. And Hill argues that the district court
erred in imposing the fifteen-year mandatory minimum under the
Act because a jury didn’t find that he committed his qualifying prior
offenses on different occasions. After careful review, we affirm.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Officers with the Leon County Sheriff’s Office executed a
search warrant at Hill’s home. During the search, they found crack
cocaine and a firearm. Hill’s DNA was on the firearm. A federal
grand jury returned a two-count indictment charging Hill with pos-
sessing cocaine base with the intent to distribute and possessing a
firearm as a convicted felon.
Change of Plea Hearings
Instead of going to trial, Hill asked to plead guilty to both
counts. When questioned at his change of plea hearing, Hill admit-
ted that he possessed the cocaine base and intended to sell it but he
claimed that the firearm belonged to someone else. Even so, he
was “adamant that he d[id] not want to go to trial.” The district
court found that Hill’s DNA on the firearm provided a factual basis
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23-10149 Opinion of the Court 3
for his possession but the court didn’t accept the guilty plea because
Hill denied knowing about the firearm.
A month later, Hill asked for a second change of plea hear-
ing. At that hearing, the district court discussed the rights Hill was
waiving: he had “the right to a trial by jury,” “the right to be rep-
resented by a lawyer at every stage of the case,” “the right to re-
main silent,” “the right to confront witnesses,” “the right to present
evidence,” and “the right to compel the attendance of witnesses.”
Hill swore that he understood his rights and that he was waiving
them by pleading guilty.
The district court then went over the charges. Hill, the
court explained, was charged with “possessing crack cocaine with
the intent to distribute it on July 25th, 2019,” and with “possessing
a firearm as a convicted felon again on July 25th.” Hill averred that
he understood the charges against him. And he agreed that he held
the firearm knowing he was a convicted felon. Hill explained that
he was confused at the first change of plea hearing because he
thought that to “be in possession of the firearm he had to own it.”
Finally, the district court reviewed Hill’s potential sentence.
Hill, the court told him, faced a “minimum sentence” of fifteen
years “based on [his] prior record.” Understanding the rights he
was waiving, the charges against him, and the possible sentence,
Hill pleaded guilty, and the district court found the plea was “en-
tered knowingly, voluntarily, and intelligently.”
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Motion to Withdraw Guilty Plea
Before sentencing, Hill moved to withdraw his plea on the
firearm count. But when the district court held a hearing on the
motion, Hill said that he wanted “to withdraw the motion to with-
draw the plea.” At Hill’s request, the district court “den[ied] the
motion to withdraw the plea on the grounds that the motion has
itself been withdrawn.”
Sentencing Hearing
The district court then held a sentencing hearing. It con-
cluded that Hill qualified for the enhanced fifteen-year mandatory
minimum sentence under the Armed Career Criminal Act because
he had three qualifying prior convictions. Hill was first arrested in
Leon County in April 2003 and later convicted for possessing co-
caine with the intent to distribute. His second conviction was for
possessing cocaine with the intent to distribute in Gadsden County
in June 2003. His third conviction was for the sale of synthetic nar-
cotics within 1,000 feet of a school in Leon County in Octo-
ber 2015.
Hill didn’t object to the enhanced sentence under the Act.
So, the district court sentenced him to the mandatory minimum.
Hill appeals his conviction and sentence.
DISCUSSION
He raises two issues on appeal. First, he argues that his con-
viction was based on an unknowing and involuntary guilty plea be-
cause the district court failed to inform him that he had a right to a
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23-10149 Opinion of the Court 5
jury trial on the Act’s different-occasions requirement. And sec-
ond, Hill contends that his sentence must be vacated because the
district court, and not a jury, decided whether his three qualifying
prior convictions occurred on different occasions.
Hill’s Plea
Starting with his plea, Hill asserts that, during his change of
plea hearing, the district court failed to explain how the Armed Ca-
reer Criminal Act applied to his case. The court, he argues, didn’t
tell him that “he was admitting that he possessed [a] firearm as an
armed career criminal,” that the different-occasions requirement
“was an element of the charged offense,” and that he had a right to
a jury determination of whether his three qualifying prior offenses
occurred on different occasions. As a result, Hill maintains, his plea
wasn’t knowing and voluntary. Because Hill didn’t object to his
plea in the district court, we review this issue for plain error. See
United States v. Monroe, 353 F.3d 1346, 1349 (11th Cir. 2003).
Federal Rule of Criminal Procedure 11 requires a district
court to inform a defendant of the nature of the charges against
him and the rights he is giving up at the change of plea hearing.
Fed. R. Crim. P. 11(b)(1). The core principles of a knowing and
voluntary guilty plea are: “(1) that the defendant enters his plea
free from coercion, (2) that he understands the nature of the
charges, and (3) that he understands the consequences of his plea.”
United States v. Presendieu, 880 F.3d 1228, 1238 (11th Cir. 2018). We
have found plain error in a guilty plea only where there’s “a total
or abject failure to address” these three core principles. Id. at 1239;
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see also Monroe, 353 F.3d at 1354 (noting on plain-error review we
examine whether “the overall plea colloquy adequately addresse[d]
the[] three core concerns”).
Here, looking at the overall change of plea hearing, there
was not a total and abject failure to address the three core princi-
ples. First, Hill was not coerced into pleading guilty. Hill testified
that no one had promised him a specific sentence; no one had
promised him a benefit for assisting the government; and he was
not pressured, threatened, or forced to plead guilty. Hill went over
the plea agreement word-for-word, and he had as much time as he
needed to talk with his attorney and ask any questions.
Second, Hill understood the nature of the charges against
him. The district court explained that Hill was charged “in two
counts.” “[O]ne [was] possessing crack cocaine with the intent to
distribute it on July 25th, 2019.” And “[t]he second charge [was]
possessing a firearm as a convicted felon again on July 25th, 2019.”
Hill averred that he understood what he was charged with, and he
had talked over the charges with his attorney.
And third, Hill knew the consequences of his guilty plea.
The district court reviewed the rights he was giving up by pleading
guilty—including his jury-trial right—and Hill agreed that he was
waiving his rights. Hill also knew the possible sentences he faced
by pleading guilty, and specifically that he was subject to the man-
datory minimum on the felon-in-possession count.
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Because the district court addressed the three core principles
at Hill’s change of plea hearing, there was no plain error in his
guilty plea.
Hill’s Sentence
For the first time on appeal, Hill contends that the district
court erred in imposing the fifteen-year mandatory minimum un-
der the Act because a jury, instead of the district court, should have
decided whether his three qualifying prior offenses occurred on dif-
ferent occasions. The Supreme Court recently agreed. In Erlinger,
it held that the different-occasions inquiry “must be resolved by a
unanimous jury beyond a reasonable doubt (or freely admitted in
a guilty plea).” 602 U.S. at 854. Neither occurred here.
Normally, because there was no objection below, we would
review the issue for plain error. But Hill argues that the Erlinger
error is structural, which means it would require automatic rever-
sal. See Washington v. Recuenco, 548 U.S. 212, 218 (2006). In United
States v. Rivers, 134 F.4th 1292, 1305–06 (11th Cir. 2025), we re-
jected Hill’s Erlinger-error-is-structural-error argument. And, in
United States v. Edwards, 142 F.4th 1270, 1279 (11th Cir. 2025), we
applied plain-error review to an unpreserved Erlinger argument.
We do the same here with Hill’s unpreserved error.
Under plain-error review, Hill must show that the district
court (1) erred, (2) that the error was plain, (3) that the error af-
fected his substantial rights, and (4) that the error seriously affected
the fairness, integrity, or public reputation of the judicial proceed-
ings. See United States v. Rodriguez, 398 F.3d 1291, 1298 (11th Cir.
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2005). For the third-prong, Hill had to “show a reasonable proba-
bility that a jury would have concluded that he committed the
three predicate crimes on fewer than three occasions.” See Ed-
wards, 142 F.4th at 1281–82.
He can do that by looking to the timing, location, and char-
acter of the prior offenses. See id. at 1279. “In many cases, a single
factor—especially of time or place—can decisively differentiate oc-
casions.” Wooden v. United States, 595 U.S. 360, 370 (2022). In Smith,
for example, two of the defendant’s prior cocaine offenses occurred
within six days of each other. United States v. Smith, No. 23-10003,
— F.4th —, 2026 WL 2544246, at *7 (11th Cir. Aug. 28, 2026). Be-
cause they took place “almost a full week apart,” we concluded that
the defendant failed to show that the prior offenses occurred on the
same occasion. Id. When the defendant’s prior offenses are at least
a week apart, we explained, “it will be exceedingly difficult for a
defendant to show the required reasonable probability.” Id. at *8.
This case is no different. Hill had three prior qualifying of-
fenses that occurred far more than a week apart, with each one in-
volving either a different drug or a different county. Hill was ar-
rested for his first offense—involving cocaine—in April 2003 in
Leon County. The second offense—also involving cocaine—oc-
curred about two months later in June 2003 in Gadsden County.
The third offense—involving synthetic narcotics—occurred years
later in October 2015 in Leon County. The closest offenses were
nearly two months apart and were committed in different counties.
And Hill has provided no explanation for how “his case is the rare
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exception” where offenses committed weeks—or, as here, months
and years—apart still occurred on the same occasion. Id. Follow-
ing Smith’s lead, we conclude Hill hasn’t met his burden to show
that any Erlinger error affected his substantial rights. Id.; accord
United States v. Penn, 63 F.4th 1305, 1318 (11th Cir. 2023) (“No rea-
sonable person would say that [the defendant’s] two sales of co-
caine, thirty days apart, occurred on the same occasion.”).
There was no plain error. That means his conviction and
sentence must be affirmed.
AFFIRMED.