Beruflich Dokumente
Kultur Dokumente
No. 06-5268
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
Chief District Judge. (5:06-cr-00034-FL)
Submitted:
Decided:
Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
PER CURIAM:
Maurice
Elliott
Cox
appeals
his
180-month
sentence
Finding no error, we
affirm.
Cox argues that the sentence imposed by the district
court violated Blakely v. Washington, 542 U.S. 296 (2004), because
he was neither charged with the predicate convictions underpinning
his sentence as an armed career criminal, nor did he admit to them.
Secondly, he argues that the specific findings necessary to trigger
the armed career criminal enhancement, namely whether a defendants
predicate offenses were violent felonies or serious drug offenses
and were committed on different occasions, should not be determined
by relying on information in judicial records, but rather should be
determined by a jury.
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Further,
We therefore find no
argument
because
the
facts
and
legal
contentions
are
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