United States Fifth Circuit

Post Apprendi, the Fifth and Sixth Amendments do not require that a sentence enhancement under the Armed Career Criminal Act, 18 U.S.C. section 924(e), be based on a jury finding.

Appellate Information

• Decided 09/12/2002
• Published 09/12/2002

Judges

• BENAVIDES, Circuit Judge:, Before SMITH and BENAVIDES, Circuit Judges, and FITZWATER, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Joe F. Taylor, Austin, TX, for Defendant-Appellee.