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United States v. Charlton

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Before Lynch, Chief Judge, Torruella and Boudin, Circuit Judges.

Trevor Charlton (“Charlton”), an African-American, was convicted by a jury of one count of being a felon in possession of a firearm,*fn1 in violation of 18 U.S.C. § 922(g)(1).*fn2 The district court enhanced Charlton’s sentence pursuant to the Armed Career Criminal Act (“the ACCA”), 18 U.S.C. § 924(e).*fn3

On appeal, Charlton makes two claims. First, Charlton contends that the empanelment of the jury that convicted him was tainted by racial discrimination in violation of the Constitution and Batson v. Kentucky, 476 U.S. 79 (1986). Second, Charlton argues that the district court’s imposition of the ACCA enhancement violated his Constitutional rights because the government did not plead or prove beyond a reasonable doubt the requisite predicate convictions, nor did Charlton admit those convictions. Finding that the district court committed no error in granting the government’s peremptory strike at issue in this case, we affirm Charlton’s conviction. Furthermore, finding that we are bound by the United States Supreme Court ruling in Almendárez-Torres v. United States, 523 U.S. 224, 226-27 (1998), and our own precedent in United States v. Richards, 456 F.3d 260, 262 (1st Cir. 2006), cert. denied, 550 U.S. 905 (2007), we affirm Charlton’s sentence.

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