United States Eleventh Circuit

Sentence for possession of a firearm by a convicted felon, with an enhancement under the ACCA for three priors is affirmed over improper enhancement claims that: 1) two prior robberies were actually one robbery; 2) one robbery does not count for ACCA enhancement because adjudication was withheld initially; 3) defendant was a juvenile when he committed this robbery; and 4) under Apprendi, jury should have determined whether convictions were for separate offenses.

Appellate Information

• Decided 03/30/2006
• Published 03/30/2006

Judges

• PER CURIAM:, Before EDMONDSON, Chief Judge, and ANDERSON and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Ryan Thomas Truskoski (Court-Appointed), Orlando, FL, for Defendant-Appellant., Yvette Rhodes, Tampa, FL, for Plaintiff-Appellee.