Legal Opinion
United States v. Ernest McDowell, Jr.
Court of Appeals for the Fourth Circuit
Decided March 11, 2014No. 13-4370PublishedCited by 40 opinions
1Opinion of the Court
Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge DIAZ joined.
DIANA GRIBBON MOTZ, Circuit Judge:
Ernest James McDowell, Jr., appeals his 196-month sentence imposed pursuant to the Armed Career Criminal Act. He contends that the district court erred by relying on an uncertified criminal record check as proof that he committed a violent felony in New York more than forty years ago. Given the applicable burden of proof and our deferential standard of review, we affirm.
I
A
In August 2010, DEA agents authorized a confidential informant to buy heroin from…
2Cases cited21 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Baker v. McCollanSupreme Court of the United States · 1979
- Alleyne v. United StatesSupreme Court of the United States · 2013
16 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. Michael WallaceCourt of Appeals for the Fifth Circuit · 2014
- United States v. Raymond Bullette, IIICourt of Appeals for the Fourth Circuit · 2017
- United States v. Quintin BellCourt of Appeals for the Fourth Circuit · 2018
- United States v. Raymond Surratt, Jr.Court of Appeals for the Fourth Circuit · 2015
- United States v. Jorge TorrezCourt of Appeals for the Fourth Circuit · 2017
35 more not listed; retrieve them via the Exa API.