context: Third, because the factual basis for ACCA sentencing enhancements was used to raise the statutory maximum sentence applicable to him, Hoover asserts these facts must be charged in the indictment and either proved to a jury or admitted by him. Hoover concedes this claim is foreclosed, and raises it only to preserve it for possible further review.
citation_a.signal: see also
citation_a.identifier: 465 F.3d 250, 254
citation_a.parenthetical: " '[Njeither the [ACCA] nor the Constitution requires a jury finding on the existence of the three previous felony convictions required for the enhancement' ".
citation_a.sentence: See James v. United States, 550 U.S. 192, 213-14, n. 8, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007) (holding categorical approach to determine whether a prior conviction qualifies as a violent felony for ACCA purposes “raises no Sixth Amendment issue”); see also United States v. White, 465 F.3d 250, 254 (5th Cir.2006) (“ ‘[Njeither the [ACCA] nor the Constitution requires a jury finding on the existence of the three previous felony convictions required for the enhancement’ ”.) (citation omitted).
citation_b.signal: see
citation_b.parenthetical: holding categorical approach to determine whether a prior conviction qualifies as a violent felony for ACCA purposes "raises no Sixth Amendment issue"
citation_b.sentence: See James v. United States, 550 U.S. 192, 213-14, n. 8, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007) (holding categorical approach to determine whether a prior conviction qualifies as a violent felony for ACCA purposes “raises no Sixth Amendment issue”); see also United States v. White, 465 F.3d 250, 254 (5th Cir.2006) (“ ‘[Njeither the [ACCA] nor the Constitution requires a jury finding on the existence of the three previous felony convictions required for the enhancement’ ”.) (citation omitted).