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133275P.pdf   08/14/2014  United States  v.  Eddie Roberts
   U.S. Court of Appeals Case No:  13-3275
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Colloton, Author, with Murphy and Kelly, Circuit Judges] 
   Criminal case - Sentencing. Almendarez-Torres v. U.S., 523 U.S. 224 (1998) 
   forecloses defendant's argument that a jury must find the fact of his 
   prior convictions, and Alleyne did not revisit Almendarez-Torres' 
   conclusion that recidivism is not an element of the offense that must be 
   submitted to a jury; defendant's claim that his affirmative duty to 
   establish the affirmative defense set out in 18 U.S.C. Sec. 3559(c)(3) 
   violates his Fifth and Sixth Amendment rights is foreclosed by this 
   court's precedents.