MARANDOLA

v.

NEW JERSEY

Citator

Cited By

• United States v. Stone, 139 F.3d 822 (11th Cir. 1998)
  …ional facts during the guilt phase of trial. . This circuit is among those to have determined that the number of prior convictions is generally a sentencing factor. See United States v. McGatha, 891 F. 2d 1520, 1526-27 (11th Cir.1990), cert. denied, 495 U.S. 938, 110 S.Ct. 2188, 109 L.Ed.2d 516 (1990); United States v. Palacios-Casquete, 55 F. 3d 557, 560 (11th Cir.1995), cert. denied, 516 U.S. 1120, 116 S.Ct. 927, 133 L.Ed.2d 855 (1996). . This court has held that sentencing factors, such as those set out…
• United States v. Kimmons, 965 F.2d 1001 (11th Cir. 1992)
  …suant to § 922(g)(1). We agree. The enhanced penalty provisions of 18 U.S.C. § 924(e)(1) are not elements of the offense and need not be set forth in the indictment. See United States v. McGatha, 891 F. 2d 1520, 1524-25 (11th Cir.), cert. denied, 495 U.S. 938, 110 S.Ct. 2188, 109 L.Ed.2d 516 (1990). We find no merit in the remaining claims. Accordingly, we AFFIRM the challenged convictions and the sentences the district court imposed on each defendant. . Guideline § 1B1.2 provides, in relevant part, t…