United States Second Circuit

Conviction and sentence under the Armed Career Criminal Act are affirmed where: 1) none of defendant's prior convictions (all from the 1970's) has been expunged or pardoned, and his civil rights had not been restored at the time of the present offense; 2) his constructive possession of the ammunition found in his bedroom dresser was sufficiently evinced; and 3) given the nature of his prior robbery convictions, a sentence of 15 years is not so disproportionate as to violate the Eighth Amendment.

Appellate Information

• Decided 12/17/2008
• Published 12/17/2008

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, MINER and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Bryan E. Rounds, Rounds & Rounds, Kingston, NY, for Defendant-Appellant., Paul D. Silver, Assistant United States Attorney (Carlos A. Moreno, Assistant United States Attorney, on the brief), for Glenn T. Suddaby, United States Attorney for the Northern District of New York, Albany, NY, for Appellee.