United States Tenth Circuit

A sentence for being a felon in possession of a firearm is affirmed where: 1) defendant's prior conviction for possession of a deadly weapon in a penal institution qualified as a predicate violent felony, triggering the Armed Career Criminal Act's (ACCA's) minimum fifteen-year sentence; and 2) defendant received due process prior to sentencing.

Appellate Information

• Decided 01/16/2009
• Published 01/20/2009

Judges

• TACHA, Circuit Judge., Before TACHA, KELLY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Melissa Harrison, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, Kansas City, KS, appearing for Appellant.


• For Appellees:
  
• James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney and Leon Patton, Assistant United States Attorney, Office of the United States Attorney for the District of Kansas, Kansas City, KS, on the brief), Office of the United States Attorney for the District of Kansas, Topeka, KS, appearing for Appellee.