Facts of prior conviction need not be charged in indictment or proved to jury for sentencing purposes

SENTENCING United States v. Moore, No. 04-8078, ___ F.3d ___ (10th Cir. Mar. 23, 2005)(Wyoming). Appeal of sentence imposed under Armed Career Criminal Act at 18 U.S.C. § 924(e). HELD: (1) Supreme Court’s holdings in United States v. Booker, 125 S.Ct. 738 (2005) and Shepard v. United States, 544 U.S. ___ (2005), do not require that existence of prior convictions or their classification as "violent felonies" be charged in indictment or proved to jury. (2) Where district court imposes minimum sentence required by statute (i.e., 18 U.S.C. § 924(e)), and not sentence required by federal sentencing guidelines, court of appeals need not address whether mandatory application of guidelines constitutes plain error under Booker. Read the opinion here.