United States Fourth Circuit

Conviction and sentence for possession of a firearm by a convicted felon in violation of 18 U.S.C. section 922(g)(1) is affirmed as to the conviction but vacated as to the sentence where: 1) the government did not have to include defendant's prior convictions in the indictment or prove them to a jury under Almendarez-Torres v. US, 523 U.S. 224 (1998); but 2) the government failed to prove that four of defendant's prior convictions for burglary involved buildings or structures as required by Taylor v. US, 498 U.S. 575 (1990).

Appellate Information

• Decided 10/30/2015
• Published 10/30/2015

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel