U.S. v. VIDAURE

No. 88-5515.

861 F.2d 1337 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Hector A. VIDAURE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 6, 1988.


Attorney(s) appearing for the Case

P. Joseph Brake, Asst. Federal Public Defender, San Antonio, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Gregory D. Anderson, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before GEE, SNEED and WILLIAMS, Circuit Judges.


GEE, Circuit Judge:

This case presents the question whether one indicted for violation of the Armed Career Criminal Act is entitled to have the jury decide whether the prior crimes upon which the charge is based were "violent" felonies as defined by the statute. Because this determination does not require reference to extrinsic evidence, but merely requires examination of the elements of a statute, we hold that this issue is a question of law which should be decided...

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