United States v. Wilder, Darren , 274 F. App'x 492 ( 2008 )


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  •                             NONPRECEDENTIAL DISPOSITION
    To be cited only in accordance with Fed. R. App. R. 32.1
    United States Court of Appeals
    For the Seventh Circuit
    Chicago, Illinois 60604
    Submitted April 10, 2008
    Decided April 21, 2008
    Before
    RICHARD A. POSNER, Circuit Judge
    DIANE P. WOOD, Circuit Judge
    ANN CLAIRE WILLIAMS, Circuit Judge
    No. 07-3642
    Appeal from the United States District
    UNITED STATES OF AMERICA,                            Court for the Northern District of Illinois,
    Plaintiff-Appellee,                 Eastern Division.
    v.                                            No. 02 CR 431
    DARREN WILDER,                                       Rebecca R. Pallmeyer,
    Defendant-Appellant.                   Judge.
    ORDER
    Darren Wilder pled guilty to being a felon in possession of a firearm in violation of 
    18 U.S.C. §§ 922
    (g)(1) and 924(e)(1). The district court concluded that Wilder was an Armed
    Career Criminal under 
    18 U.S.C. § 924
    (e) and imposed a sentence of 192 months’
    imprisonment, five years of supervised release, a $100 special assessment, and a $3,000 fine.
    Wilder appealed, and we vacated the district court’s judgment and remanded for resentencing
    consistent with our decision and the Supreme Court’s decision in United States v. Booker, 
    543 U.S. 220
     (2005). See United States v. Wilder, 
    125 Fed. Appx. 140
     (7th Cir. 2005) (unpublished).
    No. 07-3642                                                                               Page 2
    On October 3, 2007, the district court resentenced Wilder. The district court again
    imposed 192 months’ imprisonment, five years of supervised release, and a $100 special
    assessment. This time, it imposed a fine of only $500. Wilder now appeals his sentence for the
    second time.
    Wilder raises only one argument in this appeal. He maintains that the Armed Career
    Criminal Act is unconstitutional because the prior convictions used to qualify him as an Armed
    Career Criminal were not alleged in the indictment and proven to a jury beyond a reasonable
    doubt. Wilder recognizes that we have rejected this argument on multiple occasions; he states
    that he brings it now only to preserve it for possible Supreme Court review. The Supreme Court
    has held that prior convictions used to enhance a defendant’s sentence are not elements of a
    crime that must be pled in an indictment and proven to a jury beyond a reasonable doubt.
    Almendarez-Torres v. United States, 
    523 U.S. 224
    , 239-47 (1998). We have repeatedly stated
    that we will follow Almendarez-Torres until the Supreme Court directs otherwise. See, e.g.,
    United States v. Johnson, 
    495 F.3d 536
    , 543 (7th Cir.), cert. denied 
    128 S. Ct. 725
     (2007); United
    States v. Peters, 
    462 F.3d 716
    , 718 (7th Cir. 2006); United States v. Browning, 
    436 F.3d 780
    , 782
    (7th Cir. 2006). We do the same here.
    As a result, the judgment of the district court is AFFIRMED.
    

Document Info

Docket Number: 07-3642

Citation Numbers: 274 F. App'x 492

Judges: Per Curiam

Filed Date: 4/21/2008

Precedential Status: Non-Precedential

Modified Date: 1/12/2023