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eBook details

• Title: United States V. Warren
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 02, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

MILBURN, Circuit Judge. Defendant James Henry Warren appeals the district court's judgment based upon his being convicted by a jury of three firearms- related offenses and his sentence under the provisions of the Armed Career Criminal Act, 18 U.S.C. § 924(e). The indictment contained three counts. Count One charged defendant with being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g), Count Two charged him with receiving the firearm in violation of 18 U.S.C. § 922(g), and Count Three charged him with making a false statement about his criminal past on the Alcohol, Tobacco and Firearms (ATF) Form 4473 in violation of 18 U.S.C. § 922(a)(6). On appeal, the issues are: (1) whether sufficient evidence exists to support the convictions on all three counts of the indictment, (2) whether defendant's right to a speedy trial was violated, (3) whether a two- level increase for obstruction of Justice based on perjurious testimony at trial was appropriate under United States Sentencing Guidelines ("U.S.S.G.") § 3C1.1, (4) whether defendant's 1970 convictions met the standards of Boykin v. Alabama, (5) whether defendant's 1970 convictions were properly counted as violent felonies under the Armed Career Criminal Act, (6) whether defendant's sentence on October 13, 1970, was for three separate violent felony convictions for the purposes of the Armed Career Criminal Act, (7) whether the district court erred in replacing a missing juror with a duly selected alternate juror, and (8) whether defendant's mandatory fifteen-year sentence under the Armed Career Criminal Act is cruel and unusual punishment in violation of the Eighth Amendment. For the reasons that follow, we affirm.

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