United States Sixth Circuit

The use of procedurally sound juvenile adjudications as Armed Career Criminal Act (ACCA) predicates does not violate due process. Defendant's conviction and sentence for being a felon in possession of a firearm is affirmed over claims that: 1) the evidence presented at trial was insufficient to support his conviction; 2) the district court erred in confirming the existence of his juvenile adjudication for aggravated robbery; 3) the court's use of his alleged juvenile adjudication as a predicate offense for purposes of the ACCA violated his due process rights; and 4) his sentence was not reasonable under 18 U.S.C. section 3553(a).

Appellate Information

• Decided 06/26/2007
• Published 06/26/2007

Judges

• Before:  GILMAN, GIBBONS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kimberly S. Hodde, Hodde & Associates, Nashville, Tennessee, for Appellant.  Paul M. O'Brien, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  Kimberly S. Hodde, Hodde & Associates, Nashville, Tennessee, for Appellant.  Philip H. Wehby, Assistant United States Attorney, Nashville, Tennessee, for Appellee.