United States Fourth Circuit

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