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U.S. v. MOORE

No. 04-8078.

401 F.3d 1220 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Dean MOORE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 23, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:* Thomas A. Fleener, Assistant Federal Public Defender, Cheyenne, WY, for Defendant-Appellant.

Matthew H. Mead, United States Attorney, District of Wyoming and David A. Kubichek, Assistant United States Attorney, Casper, WY, for Plaintiff-Appellee.

Before BRISCOE, LUCERO, and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Gary Moore appeals his sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e). He urges us to conclude that the existence of prior convictions, and their classification as "violent felonies," as required by the Act constitute "facts" that must be charged in an indictment and proven to a jury. We conclude that Supreme Court precedent, including its recent holdings in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738,...

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