Dist. Ct. erred in sentencing defendant to 21-month term of incarceration on unlawful possession of firearm charge, where Dist. Ct. based said sentence, in part, on finding that defendant’s offense level was 15, after overruling govt.’s contention that said level should be 20 based on defendant’s prior Illinois second degree murder conviction, which govt. claimed was crime of violence. Remand for new sentence was required, since: (1) Illinois second degree murder conviction is crime of violence since, among other things, said offense required finding beyond reasonable doubt that offender acted with intent or knowledge that his or her actions would cause death; and (2) Dist. Ct. made no indication that it would have imposed same sentence if higher offense level applied to defendant.
Federal 7th Circuit Court
Criminal Court
Sentencing