United States v. Kent

Fifth Circuit

United States v. Kent

230 F. App'x 411

Court of Appeals for the Fifth Circuit·Decided June 6, 2007·No. 06-51427·Unpublished

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, David Kent raises arguments that are foreclosed by United States v. Stone, 306 F.3d 241, 243 (5th Cir.2002), which held that no Sixth Amendment violation arises when a district court considers the existence of prior convictions rather than presenting the question to a jury in sentencing the defendant under the Armed Career Criminal Act. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Appealing the Judgment in a Criminal Case, David Kent raises arguments that are foreclosed by United States v. Stone, 306 F.3d 241, 243 (5th Cir.2002), which held that no Sixth Amendment violation arises when a district court considers the existence of prior convictions rather than presenting the question to a jury in sentencing the defendant under the Armed Career Criminal Act. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

United States v. Kent, 230 F. App'x 411 (5th Cir. 2007).

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Opinion

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