U.S. v. Misleveck

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 13-1855
Decision Date: 
November 25, 2013
Federal District: 
W.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in finding that Armed Career Criminal Act (ACCA) applied to defendant’s sentence on unlawful possession of firearm charge, where said finding was based in part on defendant’s prior Wisc. “arson of property other than building” conviction that concerned defendant’s setting fire to car that he had stolen. Said Wisc. conviction qualified as “violent felony” for purposes of ACCA since arson under Wisc. statute involved intentional or malicious burning of property and required showing that defendant’s use of fire had practical certainty of causing harmful act.