Dist. Ct. did not err in sentencing defendant to 15-year term of incarceration on illegal possession of firearm charge, where Dist. Ct. based said sentence on finding that defendant qualified as armed career offender under Armed Career Criminal Act (ACCA) that was based, in part, on defendant’s prior Indiana Class B burglary of dwelling conviction. Said conviction qualified as violent felony under ACCA, since said offense had all elements of generic burglary as contemplated under 18 USC section 924(e)(2)(B)(ii) plus element requiring proof that defendant committed said offense either while armed with deadly weapon or while defendant was in building that qualified as “dwelling.” Ct. rejected defendant’s argument that instant Indiana conviction did not qualify as violent felony because Indiana’s definition of “dwelling” was broader than generic building or structure as contemplated under ACCA.
Federal 7th Circuit Court
Criminal Court
Sentencing