United States Eighth Circuit

Defendant's sentence for being a felon in possession of a firearm and possessing stolen firearms is affirmed where: 1) defendant was convicted of three prior violent felony offenses that satisfied the requirements of the Armed Career Criminal Act, and thus he was an armed career criminal; 2) so long as factual findings do not increase a defendant's sentence beyond the penalty authorized for the offense of conviction, there is no Sixth Amendment right to have a jury determine those facts; and 3) there was no clear error in the district court's decision to deny defendant credit for acceptance of responsibility.

Appellate Information

• Decided 11/04/2010
• Published 11/04/2010

Judges

• Morris S. Arnold

Court

• United States Eighth Circuit

Counsel