United States Ninth Circuit

Defendant unsuccessfully appeals from an enhancement under the Armed Career Criminal Act. Federal Rule of Evidence 609(b) does not limit the time period for which prior crimes may be considered under the Act; the Act is not facially unconstitutional, and its application here did not violate the Double Jeopardy Clause.

Appellate Information

• Argued 05/13/2003
• Decided 03/01/2004
• Published 03/01/2004

Judges

• KLEINFELD, Circuit Judge., Before CANBY, KLEINFELD, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John W. Rood, III, Phoenix, AZ, for the appellant.


• For Appellees:
  
• Frederick A. Battista, Assistant U.S. Attorney, Phoenix, AZ, for the appellee.