United States Tenth Circuit

For purposes of criminal sentencing and the Armed Career Criminal Act (ACCA), the separateness of prior convictions is a "fact of a prior conviction" and, thus, excluded from the Sixth Amendment protections discussed in Apprendi and Booker.

Appellate Information

• Decided 05/16/2006
• Published 05/16/2006

Judges

• TYMKOVICH, Circuit Judge., Before HARTZ, BRORBY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Barrett T. Weisz, Richilano & Ridley, P.C., Denver, CO, for Defendant-Appellant., Martha A. Paluch, Assistant United States Attorney, (William J. Leone, Acting United States Attorney, with her on the brief), Office of the United States Attorney, Denver, CO, for Plaintiff-Appellee.