Dist. Ct. did not err in denying defendant’s habeas petition that challenged his 275-month sentence on charge of felon in possession of firearm charge, where Dist. Ct. based said sentencing, in part, on finding that defendant qualified for enhancement under Armed Career Criminal Act (ACCA). ACCA required showing that defendant had three prior convictions that fit within ACCA’s definition of “violent felony” or “serious drug offense,” and while defendant argued that his Indiana conviction for criminal deviate conduct did not fit either definition, Ct. of Appeals found that said conviction qualified as violent felony under elements clause of ACCA, since defendant’s conviction concerned forcible compulsion that required sufficient force to qualify as violent felony under ACCA. Moreover, because defendant conceded that he had two other convictions that qualified as predicate offenses under ACCA, Dist. Ct. did not err in finding that defendant qualified for ACCA sentencing treatment.
Federal 7th Circuit Court
Criminal Court
Sentencing