Legal Opinion

United States v. Rich

Court of Appeals for the Tenth Circuit

Decided February 11, 2013No. 11-6342PublishedCited by 3 opinions

1Opinion of the Court

BRISCOE, Chief Judge.

Defendant Paul Everett Rich, III, pled guilty to one count of felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). Because he had been convicted of three predicate offenses, he qualified for enhanced punishment under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), and was sentenced to the mandatory minimum of 180 months’ imprisonment. Rich now appeals the imposition of the sentencing enhancement claiming: 1) his juvenile adjudication was “dismissed” by Oklahoma courts and should not be counted as a prior conviction under the…

2Cases cited15 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. Solem v. HelmSupreme Court of the United States · 1983
  5. Woodson v. North CarolinaSupreme Court of the United States · 1976

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3Cited by3 opinions

  1. United States v. OronaCourt of Appeals for the Tenth Circuit · 2013
  2. Vickers v. StateSupreme Court of Delaware · 2015
  3. State of Tennessee v. Narrell Christopher PierceCourt of Criminal Appeals of Tennessee · 2015

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