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                        as a courtesy to the reader. They are not part of the opinion of the court.

082851P.pdf   07/24/2009  United States  v.  Ortez Jones
   U.S. Court of Appeals Case No:  08-2851
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Riley and Smith, Circuit
   Judges]
   Criminal case - Sentencing. District court did not err in finding
   defendant qualified for sentencing under the Armed Career Criminal Act,
   as his convictions for domestic assault under Mo. Rev. Stat. Sec.
   565.073.1(1) constituted convictions for violent felonies; the Eighth
   Amendment does not prohibit using an adult conviction based on juvenile
   conduct to increase a sentence under the Armed Career Criminal Act;
   question as to whether a conviction qualifies as a predicate offense for the
   Act is a question of law for the court, not a jury, and the court's decision
   on the question does not violate the defendant's right to a trial by jury
   under the Sixth Amendment.