U.S. v. Sykes

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 08-3624
Decision Date: 
March 12, 2010
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 188-month enhanced term of incarceration on charge of unlawful possession of firearm after Dist. Ct. found defendant eligible for treatment under Armed Career Criminal Act based in part on defendant's Indiana conviction for resisting law enforcement in vehicle, which qualified as violent felony under ACCA. Defendant's argument that his Indiana conviction did not qualify as violent felony under ACCA was previously rejected in Spells, 537 F3d 743, and Ct. rejected defendant's invitation to overrule Spells by applying contrary 11th Circuit holding in Harrison, 558 F3d 1280, that addressed similar prior conviction.