Legal Opinion

Francisca Miller v. United States

District of Columbia Court of Appeals

Decided June 6, 2019No. 13-CM-628Published

1Opinion of the Court

McLeese, Associate Judge:

1After a bench trial, appellant Francisca Miller was found guilty of attempted possession of a prohibited weapon and attempted threats to do bodily harm. Ms. *77 Miller is not a United States citizen, and it is uncontested that her convictions legally authorize her to be removed from the United States. Relying on our recent decision in Bado v. United States , 186 A.3d 1243 (D.C. 2018) (en banc), Ms. Miller argues among other things that she was denied her constitutional right to a jury trial. We agree, and we therefore vacate Ms. Miller's convictions and remand for…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Johnson v. United StatesSupreme Court of the United States · 1997
  3. United States v. GaudinSupreme Court of the United States · 1995
  4. Olufemi Yussef Abdulai v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2001
  5. Weaver v. MassachusettsSupreme Court of the United States · 2017

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