United States of America v. Briawn D. Jackson

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted January 25, 2006
Decided January 26, 2006
Before
Hon. RICHARD A. POSNER, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
No. 05-2768
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BRIAWN D. JACKSON,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Indiana
No. 03 CR 63
Theresa L. Springmann,
Judge.
O R D E R
Briawn Jackson raises two issues on appeal: (1) that an enhancement of his
offense level based on a finding of loss amount that was neither proven to a jury
beyond a reasonable doubt nor stipulated to by Jackson violates the ex post facto
and due process clauses of the Constitution, and (2) that an increase of his
mandatory minimum sentence based on a finding that he brandished a weapon that
was neither proven to a jury beyond a reasonable doubt nor stipulated to by Jackson
violates his Sixth Amendment right to a jury trial and the ex post facto and due
process clauses of the Constitution. Jackson concedes that both issues are
foreclosed by precedent – the first by United States v. Jamison, 416 F.3d 538 (7th
Cir. 2005), and the second by Harris v. United States, 536 U.S. 545 (2002); see also
United States v. Jones, 418 F.3d 726, 731-32 (7th Cir. 2005) – and brings his appeal
solely to preserve the issues for presentation to the Supreme Court. We agree that
Jackson’s arguments are foreclosed by precedent.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53

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No. 05-2768 Page 2
AFFIRMED.

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