United States Eighth Circuit

Conviction and sentence for firearms possession is affirmed where defendant's indictment satisfied the Fifth Amendment by including the substantive offense, and the district court may apply the sentencing enhancement under the Armed Career Criminal Act even though the indictment did not charge him with violating the statute or include his prior convictions.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

• BENTON, Circuit Judge., Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Emmanuel Preston Sohn, Charleston, MO, pro se.


• For Appellees:
  
• Allison Hart Behrens, Asst. U.S. Atty., St. Louis, MO, argued, for Plaintiff-Appellee., Lawrence J. Fleming, Herzog & Crebs, St. Louis, MO, argued, for Defendant-Appellant.