United States Second Circuit

Conviction and sentence for conspiracy to commit bank robbery and bank robbery are affirmed where: 1) shifting the burden to the defendant under section 3559(c)(3)(A) was constitutional; 2) because defendant did not prove by a preponderance of the evidence that his felonies were not serious, court refrained from addressing the constitutionality of the clear-and-convincing standard; 3) defendant's Apprendi claim is foreclosed by our case law; and 4) the district court did not err in rejecting of defendant's fair-trial due process claim as untimely.

Appellate Information

• Decided 10/07/2008
• Published 10/07/2008

Judges

Court

• United States Second Circuit

Counsel