United States First Circuit

Sentence as an armed career criminal is affirmed where: 1) a state conviction for conspiracy to violate a controlled substances law qualifies as a serious drug offense for federal sentencing purposes; and 2) recidivism does not have to be treated as an element of the offense, included in the indictment, or proven to a jury beyond a reasonable doubt.

Appellate Information

• Decided 06/08/2006
• Published 06/08/2006

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward C. Roy, Jr., Assistant Federal Public Defender, for appellant.


• For Appellees:
  
• Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, and Gerard B. Sullivan, Assistant United States Attorney, were on brief, for appellee.