United States Seventh Circuit

Allowing a defendant to assert an affirmative defense that his crime is not a "violent offense" for purposes of the federal three strikes law does not violate Apprendi, because the underlying offenses still require proof beyond a reasonable doubt.

Appellate Information

• Argued 11/07/2001
• Decided 01/10/2002
• Published 01/10/2002

Judges

• POSNER, Circuit Judge., Before FLAUM, Chief Judge, and POSNER and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Daniel J. Graber (argued), Office of the U.S. Attorney, Madison, WI, for plaintiff-appellee., Richard H. Parsons, Kent V. Anderson (argued), Office of hte Federal Public Defender, Peoria, IL, for defendant-appellant.