Legal Opinion

United States v. Sohn

Court of Appeals for the Eighth Circuit

Decided May 28, 2009No. 08-1047PublishedCited by 7 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Emmanuel Preston Sohn pled guilty to a one-count indictment of unlawful possession of a firearm. The district court 1 applied an enhancement under the Armed Criminal Career Act based on his prior felony convictions. The indictment does not mention the ACCA, or the predicate convictions. Sohn appeals the sentence enhancement based on his Fifth Amendment right to a Grand Jury indictment on each crime charged. This court affirms.

Sohn was indicted as a felon in possession of a firearm, an offense punishable by a maximum of ten years imprisonment. See 18 U.S.C. §§ 922(g)(1),…

2Cases cited12 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Stirone v. United StatesSupreme Court of the United States · 1960
  4. Hale v. HenkelSupreme Court of the United States · 1906
  5. United States v. Shannon Wayne TigheCourt of Appeals for the Ninth Circuit · 2001

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3Cited by7 opinions

  1. United States v. RobinsonDistrict Court, E.D. Missouri · 2012
  2. United States v. Michael RamseyCourt of Appeals for the Eighth Circuit · 2013
  3. United States v. GrahamCourt of Appeals for the Eighth Circuit · 2009
  4. United States v. Bryant GriffinCourt of Appeals for the Eighth Circuit · 2013
  5. United States v. Gregory MiddaughCourt of Appeals for the Eighth Circuit · 2021

2 more not listed; retrieve them via the Exa API.

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