US v. Jones, No. 08-2851
Sentence for being a felon in possession of a firearm is affirmed where: 1) the district court did not err in finding defendant qualified for sentencing under the Armed Career Criminal Act as his convictions for domestic assault under Missouri law constituted convictions for violent felonies; 2) the Eighth Amendment does not prohibit using an adult conviction based on juvenile conduct to increase a sentence under the Armed Career Criminal Act; and 3) the court did not violate the defendant's right to a trial by jury under the Sixth Amendment as the question of whether a conviction qualifies as a predicate offense under the Act is a question of law for the court, not a jury.
Appeals from the United States District Court for the Eastern District of Missouri
Submitted February 10, 2009
Decided July 24, 2009
Before RILEY, SMITH, and SHEPHERD, Circuit Judges.
Opinion by SHEPHERD, Circuit Judge.
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