Summary
holding that Abernathy first argues his status as a recidivist with three previous violent offenses under 18 U.S.C. § 924(e) should have been submitted to the jury as an element of the offense under Apprendi v. New Jersey ... Abernathy's argument fails because this issue is not an element of the offense, but is a sentencing matter under United States v. Almendarez-Torres, 523 U.S. 224, 118 S. Ct. 1219, 140 L. Ed. 2d 350
Summary of this case from United States v. FairclothOpinion
MAY 20, 2002.
No. 01-9762 GARCIA v. UNITED STATES. C.A. 6th Cir. Certiorari denied. Reported below: 268 F.3d 407.
No. 01-9766 KEY v. UNITED STATES. C.A. 4th Cir. Certiorari denied. Reported below: 12 Fed. Appx. 121.
No. 01-9770 CRUZ v. UNITED STATES. C.A. 11th Cir. Certiorari denied.
No. 01-9771 DUBE v. UNITED STATES. C.A.2d Cir. Certiorari denied.
No. 01-9774 REED v. OHIO. Ct. App. Ohio, Clark County. Certiorari denied.
No. 01-9776 LEWIS v. UNITED STATES. C.A. 4th Cir. Certiorari denied. Reported below: 22 Fed. Appx. 270.
No. 01-9777 HOWARD v. UNITED STATES. C.A. 6th Cir. Certiorari denied. Reported below: 36 Fed. Appx. 758.
No. 01-9780 SCOTT v. UNITED STATES. C.A. 11th Cir. Certiorari denied.
No. 01-9781 GIBBS v. UNITED STATES. C.A. 6th Cir. Certiorari denied. Reported below: 276 F.3d 884.
No. 01-9784 BOONE v. UNITED STATES. C.A.3d Cir. Certiorari denied. Reported below: 279 F.3d 163.
No. 01-9788 ABERNATHY v. UNITED STATES. C.A. 8th Cir. Certiorari denied. Reported below: 277 F.3d 1048.
No. 01-9789 KING v. UNITED STATES. C.A. 11th Cir. Certiorari denied. Reported below: 29 Fed. Appx. 573.
No. 01-9790 DOUGLAS v. UNITED STATES. C.A. 5th Cir. Certiorari denied.
No. 01-9792 CHARLES v. UNITED STATES. C.A. 11th Cir. Certiorari denied.
No. 01-9793 CABEL v. UNITED STATES. C.A. 4th Cir. Certiorari denied. Reported below: 22 Fed. Appx. 331.
No. 01-9802 HALL v. UNITED STATES. C.A.3d Cir. Certiorari denied. Reported below: 211 F.3d 1262.