United States Tenth Circuit

For purposes of sentence enhancement under the Armed Career Criminal Act (ACCA), the issue of whether prior convictions happened on different occasions from one another is not a fact required to be determined by a jury but is instead a matter for a sentencing court.

Appellate Information

• Decided 05/11/2006
• Published 05/11/2006

Judges

• SEYMOUR, Circuit Judge., Before O'BRIEN, SEYMOUR, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Bernadette Sedillo of Las Cruces, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.