United States Seventh Circuit

Conviction for possession of a firearm by a felon is vacated where defendant showed good cause why the district court should have heard his untimely motion to suppress evidence subsequent to his withdrawal of a guilty plea. The court rejects defendant's arguments that: 1) the jury should have found his prior convictions beyond a reasonable doubt; and 2) the Eighth Amendment prohibits using a conviction based on juvenile conduct to increase a sentence under the armed career criminal provisions.

Appellate Information

• Decided 12/19/2007
• Published 12/19/2007

Judges

• RIPPLE, Circuit Judge., Before FLAUM, RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Gordon P. Giampietro (argued), Michelle L. Jacobs, Office of the Attorney General, Milwaukee, WI, for Plaintiff-Appellee., Thomas G. Wilmouth (argued), Nancy Joseph, Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Defendant-Appellant.