U.S. v. Gamez

Defendant challenged his 15-year sentence on unlawful possession of firearm charge, where said sentence was based, in part, on finding that defendant qualified for enhanced treatment under Armed Career Criminal Act (ACCA). Defendant asserted that his Indiana conviction on charge of aiding and abetting arson did not qualify as crime of violence for ACCA purposes, because it criminalized more conduct than general arson offense outlined in ACCA. In certifying question to Indiana Supreme Court, Ct, of Appeals was unsure whether said offense required proof of fire or other burning, which would render said offense crime of violence, or whether said offense could be establish by proof of damage to dwelling without use of fire, which would render said offense not crime of violence because it would criminalize more conduct than generic arson offense.