Booker does not preclude imposition of statutory minimum sentence based on judge-found facts of defendant’s prior convictions

SENTENCING United States v. Harris, No. 04-1536, ___ F.3d ___ (10th Cir. May 15, 2006)(Colorado). Appeal of sentence for possessing firearm after prior felony conviction in violation of 18 U.S.C. § 922(g)(1), where mandatory minimum sentence greater than maximum sentence for underlying offense was imposed under Armed Career Criminal Act based on judge-found facts of prior convictions. HELD: United States v. Booker, 543 U.S. 220 (2005), preserved prior conviction exception to jury finding rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000). Therefore, Booker does not preclude district court from imposing statutory minimum sentence established by Congress in Armed Career Criminal Act based on defendant’s record of prior convictions, even when that statutory minimum sentence is higher than statutory maximum sentence for underlying crime. Read the opinion here.