Dist. Ct. did not err in dismissing defendant’s habeas petition challenging his sentence as armed career criminal under 19 USC section 924(e), where at time of his original sentence, Dist. Ct. found that defendant had six qualifying “violent felonies.” While defendant argued that under Johnson, 135 S.Ct. 2551, four of his six prior convictions no longer qualified as violent felonies, since they were deemed so under unconstitutionally vague residual clause contained in section 924(e)(2)(B)(ii), Dist. Ct could properly have found that one of subject four prior convictions, i.e., Wisconsin battery by prisoner conviction, qualified as violent felony because said offense had as element use, attempted use or threatened use of physical force against another person. As such, defendant still had three qualifying prior violent felony convictions so as to support his designation as armed career criminal.
Federal 7th Circuit Court
Criminal Court
Sentencing