United States v. Moore

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, 160 L.Ed.2d 621 (2005) and Shepard v. United States, 544 U.S. —, 125 S.Ct. 1254, — L.Ed.2d —(2005), do not require the government to charge in an…