U.S. v. Wilson, No. 04-2317.

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtWollman
Citation406 F.3d 1074
PartiesUNITED STATES of America, Appellee, v. Shannon George WILSON, Appellant.
Docket NumberNo. 04-2317.
Decision Date11 May 2005

Page 1074

406 F.3d 1074
UNITED STATES of America, Appellee,
v.
Shannon George WILSON, Appellant.
No. 04-2317.
United States Court of Appeals, Eighth Circuit.
Submitted: December 15, 2004.
Filed: May 11, 2005.

Andrea K. George, argued, Minneapolis, MN, for appellant.

William H. Koch, argued, Asst. U.S. Atty., Minneapolis, MN, for appellee.

Before WOLLMAN, LAY, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.


Shannon George Wilson (Wilson) is a previously convicted felon who pleaded guilty to possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court1 found that Wilson had at least three felony convictions and imposed a sentence

Page 1075

of 180-months' imprisonment, the minimum allowable under the Armed Career Criminal Act (ACCA), as amended in 1986, 18 U.S.C. § 924(e)(1). Wilson appeals his sentence on two separate bases. The first basis is a three-part Sixth Amendment challenge. It consists of his claim that the government should have been required to prove beyond a reasonable doubt the facts informing the district court's conclusions that (1) his prior offenses were violent felonies and (2) these prior felonies occurred on different occasions so as to form the requisite three prior violent felonies under the ACCA. The final component of Wilson's Sixth-Amendment argument is that (3) the United States Sentencing Guidelines are unconstitutional. Wilson's second basis for reversal arises from his objection at sentencing to the district court's findings with respect to (1) and (2) above. We affirm.

I.

In November of 2001, the Minnesota Department of Natural Resources received information from its "Turn In Poachers" telephone hotline that Wilson was hunting deer in a closed season and that he was a convicted felon. A warrant to search Wilson's trailer was issued on the basis of this information and the results of surveillance. During their search, officers recovered spent rifle casings in front of Wilson's trailer. Within the trailer, they found approximately 40 additional shells and Wilson's wallet. Wilson returned from the woods to find the officers engaged in the search, whereupon he pointed out the location of his loaded shotgun and loaded rifle. On his person, Wilson had, among other things, seven rounds of rifle ammunition.

II.

Wilson's claim that the sentencing guidelines are unconstitutional is irrelevant to this case. Although the mandatory application of the United States Sentencing Guidelines has been held unconstitutional by the Supreme Court, see United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), Wilson's sentence was mandated by statute and is thus free of error. United States v. Painter, 400 F.3d 1111 (8th Cir.2005).

Wilson's other Sixth Amendment argument states that the determinations of whether his prior felonies were violent offenses and whether they occurred on separate occasions should have been made by a jury under the beyond a reasonable doubt standard. The fact of a prior conviction need not be submitted to a jury or proved beyond a reasonable doubt. Booker, 125 S.Ct. at 756...

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18 practice notes
  • U.S. v. Grisel, No. 05-30585.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 5 Junio 2007
    ...421 F.3d 278, 285-86 (4th Cir.2005), cert. denied, 547 U.S. 1005, 126 S.Ct. 1463, 164 L.Ed.2d 250 (2006); United States v. Wilson, 406 F.3d 1074, 1075 (8th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 292, 163 L.Ed.2d 256 (2005); United States v. Burgin, 388 F.3d 177, 186 (6th Cir.2004); Un......
  • People v. Matthews, No. 1-04-1656.
    • United States
    • United States Appellate Court of Illinois
    • 19 Diciembre 2005
    ...("`the fact of a prior conviction' may be found by a judge by the preponderance of the evidence"); United States v. Wilson, 406 F.3d 1074, 1075 (8th Cir. 2005) ("The fact of a prior conviction need not be submitted to a jury or proved beyond a reasonable doubt"). This di......
  • U.S. v. Thompson, No. 04-4678.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 6 Septiembre 2005
    ...concerns addressed in Booker." United States v. Moore, 401 F.3d 1220, 1225 (10th Cir.2005); see also United States v. Wilson, 406 F.3d 1074, 1076 (8th Cir.2005) Page 284 a statutory offense to be a violent felony as a matter of law); United States v. Haynes, 961 F.2d 50, 51 (4th Cir.19......
  • People v. Yancy, No. 1-04-2605.
    • United States
    • Illinois Appellate Court
    • 29 Diciembre 2005
    ...extraneous to a conviction that * * * Shepard requires a jury to find." Thompson, 421 F.3d at 286; see also United States v. Wilson, 406 F.3d 1074 (8th Cir.2005) (rejecting the claim that the question of whether prior convictions occurred on separate occasions should be determined by a......
  • Request a trial to view additional results
18 cases
  • U.S. v. Grisel, No. 05-30585.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 5 Junio 2007
    ...421 F.3d 278, 285-86 (4th Cir.2005), cert. denied, 547 U.S. 1005, 126 S.Ct. 1463, 164 L.Ed.2d 250 (2006); United States v. Wilson, 406 F.3d 1074, 1075 (8th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 292, 163 L.Ed.2d 256 (2005); United States v. Burgin, 388 F.3d 177, 186 (6th Cir.2004); Un......
  • People v. Matthews, No. 1-04-1656.
    • United States
    • United States Appellate Court of Illinois
    • 19 Diciembre 2005
    ...("`the fact of a prior conviction' may be found by a judge by the preponderance of the evidence"); United States v. Wilson, 406 F.3d 1074, 1075 (8th Cir. 2005) ("The fact of a prior conviction need not be submitted to a jury or proved beyond a reasonable doubt"). This di......
  • U.S. v. Thompson, No. 04-4678.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • 6 Septiembre 2005
    ...concerns addressed in Booker." United States v. Moore, 401 F.3d 1220, 1225 (10th Cir.2005); see also United States v. Wilson, 406 F.3d 1074, 1076 (8th Cir.2005) Page 284 a statutory offense to be a violent felony as a matter of law); United States v. Haynes, 961 F.2d 50, 51 (4th Cir.19......
  • People v. Yancy, No. 1-04-2605.
    • United States
    • Illinois Appellate Court
    • 29 Diciembre 2005
    ...extraneous to a conviction that * * * Shepard requires a jury to find." Thompson, 421 F.3d at 286; see also United States v. Wilson, 406 F.3d 1074 (8th Cir.2005) (rejecting the claim that the question of whether prior convictions occurred on separate occasions should be determined by a......
  • Request a trial to view additional results

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