Conviction for being a felon in possession of a firearm
US v. Washington, 09-4446, concerned a challenge to the district court's finding that defendant's 1999 conviction for possession
with intent to distribute a controlled substance counts as his third
conviction for purposes of sentencing under the Armed Career Criminal
Act, in a conviction of defendant for possessing a firearm as a convicted felon.
In affirming, the court held that, contrary to defendant's argument that
Shepard, as well as the Sixth Amendment and due process, require proof
beyond a reasonable doubt in making such determinations, because Shepard
defines the universe of records the government may use to demonstrate
facts about prior convictions, not the standard of proof required to
prove them, the district court properly relied on Shepard-approved
sources in making its factual determination that defendant's 1999
conviction qualified as an ACCA predicate.