Under Armed Career Criminal Act, question of whether prior felony convictions occurred on different occasions is question for sentencing judge
SENTENCING United States v. Michel, No. 04-2214, ___ F.3d ___ (10th Cir. May 10, 2006)(New Mexico). Appeal of convictions for various firearm possession and aiding and abetting charges in violation of 18 U.S.C. §§ 2, 922(g)(1), 924(a)(2); 26 U.S.C. §§ 5841, 5845(a)(2), 5861(d), 5861(i), 5871, and appeal of sentence enhancement imposed under Armed Career Criminal Act (ACCA) at 18 U.S.C. § 924(e). HELD: Under Armed Career Criminal Act’s sentence enhancement provisions for being three-time convicted violent felon, question of whether prior convictions happened on different occasions is not fact required to be determined by a jury, but is instead matter for sentencing court. Read the opinion here. |
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