United States Seventh Circuit
US v. Wilburn, 05-4073
Conviction and sentence for possession of a firearm by a felon are affirmed where: 1) defendant was under a valid arrest, thus the police were not obligated to allow him to be a party to a discussion regarding consent for a search of his girlfriend's apartment; 2) the jury did not need to resolve issues concerning defendant's criminal record; and 3) the consideration of a juvenile conviction for sentencing purposes under the Armed Career Criminal Act did not raise constitutional questions since Wisconsin law afforded defendant a right to a jury trial in the juvenile proceeding.
Appellate Information
- Argued 10/31/2006
- Decided 01/11/2007
- Published 01/11/2007
Judges
- EVANS, Circuit Judge., Before POSNER, WOOD, and EVANS, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Michelle L. Jacobs (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Alexander T. Nguyen (argued), Kirkland & Ellis, Chicago, IL, for Defendant-Appellant.