United States Sixth Circuit

Defendant's sentence for being a felon in possession of a firearm is affirmed over his claims that: 1) a jury, not a judge, should have determined the factual question of whether defendant's criminal history constituted one conviction or three under the Armed Career Criminal Act (ACCA); and 2) even if the judge had the authority to resolve the issue, he relied on improper materials in doing so.

Appellate Information

• Decided 07/20/2006
• Published 07/20/2006

Judges

• Before:  DAUGHTREY and COOK, Circuit Judges;  CARR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  M. Dianne Smothers, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.  James W. Powell, Assistant United States Attorney, Jackson, Tennessee, for Appellee.   ON BRIEF:  M. Dianne Smothers, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.  James W. Powell, Assistant United States Attorney, Jackson, Tennessee, for Appellee.