United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 6, 2007
Charles R. Fulbruge III
Clerk
No. 06-51427
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID KENT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:06-CR-120-1
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Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, David Kent raises
arguments that are foreclosed by United States v. Stone, 306 F.3d
241, 243 (5th Cir. 2002), which held that no Sixth Amendment
violation arises when a district court considers the existence of
prior convictions rather than presenting the question to a jury
in sentencing the defendant under the Armed Career Criminal Act.
The Government’s motion for summary affirmance is GRANTED, and
the judgment of the district court is AFFIRMED.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.