United States Fourth Circuit

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US v. McDowell, 13-4370

The 196-month sentence imposed on defendant pursuant to the Armed Career Criminal Act is affirmed, where: 1) under current law, a court may find the fact of a prior conviction by a preponderance of the evidence; and 2) applying this standard, the district court did not clearly err in concluding that defendant committed the 1971 assault.

Appellate Information

  • Decided 03/11/2014
  • Published 03/11/2014

Judges

  • MOTZ

Court

  • United States Fourth Circuit

Counsel

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