Read US v. Miller, 05-2763

Sentence under the Armed Career Criminal Act is affirmed over defendant's arguments that: 1) the district court improperly relied upon a state court transcript in establishing one of the underlying convictions needed to activate the ACCA; 2) there was insufficient evidence to support a finding that defendant had been convicted of such a predicate offense; and 3) the finding of the predicate offense was made in violation of his constitutional rights because the relevant facts were neither admitted by him nor proven to a jury beyond a reasonable doubt.

Appellate Information

• Decided 02/26/2007
• Published 02/26/2007

Judges

• SELYA, Senior Circuit Judge., Before LYNCH, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward C. Roy, Jr., Assistant Federal Public Defender, for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, and Zechariah Chafee, Assistant United States Attorney, were on brief, for appellee.