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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.
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