U.S. v. Bennett

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 16-3769
Decision Date: 
July 12, 2017
Federal District: 
N.D. Ind., Ft. Wayne Div.
Holding: 
Reversed and vacated in part and remanded

Dist. Ct. erred in sentencing defendant to 180-month term of incarceration on possession of firearm by felon charge, where said sentence was based, in part, on finding that defendant qualified for negative treatment under Armed Career Criminal Act due to his prior Indiana conviction on charge of resisting law enforcement officer, which Dist Ct. found was “violent felony.” Defendant’s conviction for “inflicting bodily injury or otherwise causing bodily injury” on law enforcement officer did not qualify as “violent offense,” since said offense could be committed without use of violence.