United States Eighth Circuit

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US v. Lee, 10-1635

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