United States Eighth Circuit

Sentence for being a felon in possession of a firearm is affirmed where: 1) the district court did not err in finding defendant qualified for sentencing under the Armed Career Criminal Act as his convictions for domestic assault under Missouri law constituted convictions for violent felonies; 2) the Eighth Amendment does not prohibit using an adult conviction based on juvenile conduct to increase a sentence under the Armed Career Criminal Act; and 3) the court did not violate the defendant's right to a trial by jury under the Sixth Amendment as the question of whether a conviction qualifies as a predicate offense under the Act is a question of law for the court, not a jury.

Appellate Information

• Decided 07/24/2009
• Published 07/24/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas F. Flynn, AAG, St. Louis, MO, for appellant.


• For Appellees:
  
• Cristian Matthew Stevens, AUSA, St. Louis, MO, for appellee.