U.S. v. SMITH

No. 98-1188.

208 F.3d 1187 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Tony SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 4, 2000.


Attorney(s) appearing for the Case

Jeffrey R. Edelman, Jeffrey R. Edelman, P.C., Denver, Colorado, appearing for Defendant-Appellant.

Martha A. Paluch, Assistant United States Attorney (Thomas R. Strickland, United States Attorney, and Kenneth R. Buck, Assistant United States Attorney, on the brief), Denver, Colorado, appearing for Plaintiff-Appellee.

Before TACHA, HOLLOWAY, and BRORBY, Circuit Judges.


TACHA, Circuit Judge.

Defendant Tony Smith appeals his sentence of life imprisonment and challenges the constitutionality of 18 U.S.C. § 3559(c), the federal "three strikes" statute. We exercise jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and affirm.

I.

A federal grand jury indicted defendant on, inter alia, one count of aggravated bank robbery in violation of 18 U.S.C. §§ 2113(a) and (d). The government...

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