NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 9, 2014*
Decided June 16, 2014
Before
WILLIAM J. BAUER, Circuit Judge
RICHARD A. POSNER, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
No. 14‐1442
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Central District
of Illinois.
v.
No. 3:11‐cr‐30068‐SEM‐BGC‐1
ANTHONY M. LYONS,
Defendant‐Appellant. Sue E. Myerscough,
Judge.
O R D E R
Anthony M. Lyons appeals his sentence under the Armed Career Criminal Act
(ACCA), 18 U.S.C. § 924(e). He previously appealed his conviction for possession of a
firearm as a felon as well as his sentence. We affirmed his conviction but, finding
procedural errors in the sentence, we remanded for resentencing. See United States v. Lyons,
*
This successive appeal has been submitted to the original panel under Operating
Procedure 6(b).
No. 14‐1442 Page 2
733 F.3d 777 (7th Cir. 2013), cert. denied, 134 S. Ct. 1779 (2014). At resentencing, the district
court imposed the same sentence that it had imposed before: 210 months’ imprisonment.
Lyons argues that the district court erred in sentencing him under the ACCA
because the government did not allege the nature and fact of his prior convictions in the
indictment or prove them beyond a reasonable doubt to a jury. He concedes, however, that
his argument is foreclosed by Almendarez‐Torres v. United States, 523 U.S. 224 (1998), see, e.g.,
United States v. Long, 748 F.3d 322, 328–29 (7th Cir. 2014), petition for cert. filed, (U.S. May 14,
2014) (No. 13‐10155), and so he merely seeks to preserve the issue for review in the
Supreme Court. As Lyons also concedes, Alleyne v. United States, ––– U.S. –––‐, 133 S. Ct.
2151, 2155 (2013), did not overrule Almendarez‐Torres’s exception for the fact of a prior
conviction. Id. at 2160 n.1. We are bound by Almendarez‐Torres, Long, 748 F.3d at 329, and
leave to the Supreme Court whether to revisit that decision.
Accordingly, we note that Lyons has preserved his objection to application of the
ACCA and AFFIRM his sentence.