United States v. Nagy, No. 13-4151 (6th Cir. 2014)
Annotate this CaseAkron police witnessed Nagy rummaging for change in a car that was not his. An officer placed him in handcuffs. Nagy immediately told the officer that he had a gun in his pocket, which Nagy had taken from a car by mistake. Nagy testified that he had intended to dispose of the gun safely by putting it in a U.S. Post Office Box, and was searching for a mailbox when he stopped to take change from a car as the officer drove by. Metzger searched Nagy and found a large amount of change, DVDs, Nintendo games, multiple cell phones, iPods, garments, costume jewelry, cigarettes, medications, and lighters—none of which belonged to Nagy. Convicted of being a felon in possession of a firearm and ammunition, 18 U.S.C. 922(g)(1), 924(e), and knowingly possessing a stolen firearm, 18 U.S.C. 922(j), he received a mandatory minimum sentence of 15 years’ imprisonment. Nagy argued that his sentence violated his Sixth Amendment rights because his three prior convictions, which enhanced his sentence under the Armed Career Criminal Act, 18 U.S.C. 924(e), were not submitted to the jury or proven beyond a reasonable doubt, as required by the Supreme Court’s 2013 decision, Alleyne v. U.S. Nagy also argued that his sentence was unconstitutional as contrary to the evolving national consensus and standards of decency. The Sixth Circuit rejected both claims
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