Legal Opinion
United States v. Cecil Eugene Cheek
Court of Appeals for the Fourth Circuit
Decided July 19, 2005No. 04-4445PublishedCited by 110 opinions
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge SHEDD joined.
NIEMEYER, Circuit Judge.
The issue on appeal is whether the enhancement of a criminal defendant’s sentence on the basis of three previous convictions violates his Sixth Amendment rights when the prior convictions were not alleged in the indictment or admitted by the defendant during his plea colloquy. We conclude that the defendant’s Sixth Amendment rights were not so violated and accordingly affirm. See United States v. Booker, — U.S.-, -, 125 S.Ct. 738, 756, 160 L.Ed.2d 621 (2005)…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Shepard v. United StatesSupreme Court of the United States · 2005
10 more not listed; retrieve them via the Exa API.
3Cited by110 opinions
- United States v. Brian A. Moreland, United States of America v. Brian A. MorelandCourt of Appeals for the Fourth Circuit · 2006
- United States v. MassenburgCourt of Appeals for the Fourth Circuit · 2009
- United States v. MasonCourt of Appeals for the Fourth Circuit · 2010
- United States v. JohnsonCourt of Appeals for the Fourth Circuit · 2010
- United States v. Frank WilliamsCourt of Appeals for the Fourth Circuit · 2006
105 more not listed; retrieve them via the Exa API.