U.S. v. Jacobs

Orlando Jacobs has appealed the judgment imposed following his conviction for possession of a firearm by a convicted felon. He argues: (1) that the district court should have bifurcated the elements of the offense with which he was charged, (2) that, if this bifurcation was denied, the district court should have prevented the jury from learning that the prior felony conviction alleged in the indictment was for burglary, (3) that the district court should have excluded evidence that his possession of the firearm occurred during an aborted drug transaction, (4) that the district court gave an erroneous instruction on the requirement of proof beyond a reasonable doubt, and (5) that the Sentencing Commission exceeded its authority in promulgating the "Armed Career Criminal" provision of the Guidelines, U.S.S.G. § 4B1.4. We affirm the judgment of the district court.