161459P.pdf   06/05/2017  United States  v.  Quantal Blake
   U.S. Court of Appeals Case No:  16-1459
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Beam and Gruender, Circuit Judges] 
   Criminal case - Sentencing. There was ample evidence showing one of the 
   robbers in the bank robbery used a firearm, and the district court did not 
   err in concluding that the robbery qualified as a serious violent felony 
   for the purposes of sentencing under 18 U.S.C. Sec. 3559(c)(1); further, 
   the district court did not err in finding that defendant had failed to 
   present clear and convincing evidence to the contrary; whether the 
   defendant has shown the conviction was non-qualifying under Sec. 
   3559(c)(1) is a matter for the court and not the jury, as Sec. 
   3559(c)(3)(A) is an affirmative defense that cannot increase the 
   defendant's penalty.