United States Tenth Circuit

For sentencing purposes under the Armed Career Criminal Act, the government is not required to charge in an indictment or prove to a jury either the existence of prior convictions or their classification as "violent felonies."

Appellate Information

• Decided 03/24/2005
• Published 03/24/2005

Judges

• LUCERO, Circuit Judge., Before BRISCOE, LUCERO, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs:   Thomas A. Fleener, Assistant Federal Public Defender, Cheyenne, WY, for Defendant-Appellant., Matthew H. Mead, United States Attorney, District of Wyoming and David A. Kubichek, Assistant United States Attorney, Casper, WY, for Plaintiff-Appellee.