Welch v. U.S.

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 08-3108
Decision Date: 
May 4, 2010
Federal District: 
C.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's habeas petition that challenged his 180-month term of incarceration on unlawful possession of firearm charge that was based in part on defendant's prior Ill. conviction for aggravated fleeing from police officer and juvenile adjudication for attempted armed robbery. Defendant's conviction for aggravated fleeing of police officer qualified as violent felony under Armed Career Criminal Act (ACCA). Moreover, fact that defendant's juvenile adjudication was not obtained by jury did not prevent use of said adjudication to enhance sentence under ACCA. (Dissent filed.)