USA v. Anthony Lyons, No. 14-1442 (7th Cir. 2014)
Annotate this Case
Download PDF
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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, Plaintiff Appellee, Appeal from the United States District 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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.