United States Court of Appeals
FOR THE EIGHTH CIRCUIT
United States of America, Appellee, Appeal from the United States
District Court for the
v. Western District of Arkansas.
Douglas Leon Harkreader, [UNPUBLISHED]
Submitted: February 13, 2006
Filed: March 6, 2006
Before RILEY, MELLOY, and BENTON, Circuit Judges.
Douglas Leon Harkreader was convicted of being a felon in possession of a firearm in violation of 18U.S.C. § 922(g). By his criminal history, the district court1 found that under the Armed Career Criminal Act (ACCA), 18U.S.C. § 924(e), the appropriate guidelines range was 188 to 235 months. The court then varied downward, sentencing Harkreader to the 180-month statutory minimum. Having jurisdiction under 28U.S.C. § 1291, this court affirms. First, Harkreader argues his Sixth Amendment rights were violated by the judge's determination of his prior convictions. To the contrary, "a prior felony conviction is a sentencing factor for the court, not a fact issue for the jury." United States v. Carrillo-Beltran, 424 F.3d 845, 848 (8th Cir. 2005) (citing AlmendarezTorres v. United States, 523 U.S. 224, 240Â44 (1998)), cert. denied, No. 05-8358, 2006 WL 386793 (Feb. 21, 2006). This court follows Almendarez-Torres, which is still controlling. See United States v. Levering, 431 F.3d 289, 295 (8th Cir. 2005); United States v. Morell, 429 F.3d 1161, 1164 (8th Cir. 2005); United States v. TorresAlvarado, 416 F.3d 808, 810 (8th Cir. 2005). Thus, the district court did not abuse its discretion by making findings about the prior felony convictions.
Next, Harkreader claims that mandatory minimum sentences are unconstitutional after United States v. Booker,
In addition, the error must seriously affect "the fairness, integrity or public reputation of judicial proceedings." Id.
This court has determined that, post-Booker, mandatory minimum sentences are constitutional. See United States v. Rojas-Coria, 401 F.3d 871, 874 n.4 (8th Cir. 2005), see also United States v. Nolan, 397 F.3d 665, 667 & n.2 (8th Cir. 2005), cert. denied, 126 S. Ct. 195 (2005). Therefore, the district court did not err in sentencing Harkreader to the minimum sentence under the ACCA.
The judgment of the district court is affirmed.
1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
This document cites
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Louis F. Pirani, Defendant-Appellant., 406 F.3d 543 (8th Cir. 2005)
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 924 - Sec. 924. Penalties
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 922 - Sec. 922. Unlawful acts
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1291 - Sec. 1291. Final decisions of district courts
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Lesia Ann Jackson, Appellant., 419 F.3d 839 (8th Cir. 2005)
See other documents that cite the same legislation