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| Juvenile Convictions |
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United States v. Knox,
No. 06-2007 (10th Cir., August 24, 2006) (Unpublished): Federal Sentencing Guidelines; Juvenile Convictions: This case is instructive regarding the use of juvenile convictions to enhance sentences under Guidelines. Juvenile firearms convictions were used to enhance in this case and the Circuit panel found not error. Good discussion of the legal rules governing such matters.
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United States v. Ulyessie Huggins,
No. 05-4054 (3rd Cir., October 20, 2006): Federal Sentencing Guidelines; Juvenile Convictions: In a federal drug case, a Pennsylvania juvenile adjudication is not a "prior conviction" that can be used to enhance under 21 U.S.C. 841(b)(1)(B).
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United States v. Nevels,
No. 06-1240 (10th Cir., June 6, 2007) (Published): 1. Discovery; 2. Federal Sentencing Guidelines; Juvenile Convictions: Nevels shot and killed an intruder in his house in Denver, Colorado, and called 911 to report it. Although the State charged him with First Degree Murder and Possession of Firearms by a Felon, these charges were dismissed when the feds picked up the case and charged Nevels with two Possession counts as an Armed Career Criminal since he had two prior juvenile delinquency adjudications and one adult felony conviction. After a four-day trial he was convicted and sentenced to 300 months. The panel AFFIRMED over his claims of: 1) the Government's endorsement of a witness three days prior to trial; 2) testimony from the Government's crime-scene reconstruction expert (no plain error since Nevels asserted self-defense at trial); and 3) the Government's use of his juvenile record to enhance under the ACCA (good discussion of the mode of analysis governing this issue). NOTE: The panel discussion of pre-trial discovery in federal criminal cases is worth a look so you can see just how little the Government must produce to the defense.
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