U.S. v. Perry

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 16-1635
Decision Date: 
July 6, 2017
Federal District: 
S.D. Ind., Evansville Div.
Holding: 
Affirmed

Dist. Ct. did not err in sentencing defendant to 360-month term of incarceration on charges of possession of firearm and ammunition by felon, after Dist. Ct. found that defendant qualified for sentencing treatment under Armed Career Criminal Act (ACCA) due to two of his prior Indiana convictions for burglary that also qualified as “violent felonies” under ACCA. Indiana burglary offense was sufficiently similar to generic burglary offense as defined in Taylor, 495 U.S. 575, where said offenses occurred within totally confined area. Moreover, defendant failed to present any case in which Indiana court affirmed burglary conviction that penalized acts inconsistent with generic offense of burglary.