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


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                   June 6, 2007
    Charles R. Fulbruge III
    Clerk
    No. 06-51427
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    DAVID KENT,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 1:06-CR-120-1
    --------------------
    Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
    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    this opinion should not be published and is not precedent except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.
    

Document Info

Docket Number: 06-51427

Citation Numbers: 230 F. App'x 411

Judges: Benavides, Dennis, Per Curiam, Smith

Filed Date: 6/6/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023