U.S. v. Dowthard

Federal 7th Circuit Court
Criminal Court
Armed Career Criminal Act
Citation
Case Number: 
No. 18-2088
Decision Date: 
January 23, 2020
Federal District: 
N.D. Ill., W. Div.
Holding: 
Affirmed

Defendant was not entitled to withdraw his guilty plea to unlawful possession of firearm by felon charge, even though defendant was not informed that knowledge of his status as previously convicted felon was element of instant charged offense under 18 USC section 922(g) as required by Rehaif, 139 S. Ct. 2191. Defendant had burden of showing that misunderstanding of elements of his offense affected his substantial rights, and defendant failed to make said showing, where he neglected to assert that he would not have pleaded guilty if he had properly understood elements at time of guilty plea. Dist. Ct. also did not err in sentencing defendant to 186-month term of incarceration for said offense under Armed Career Criminal Act (ACCA), even though defendant argued that his prior Illinois conviction for attempted aggravated domestic battery did not qualify as “violent felony” under ACCA. Ct. found that attempted aggravated domestic battery conviction qualified as violent felony, where attempt to commit crime that would involve force such as aggravated domestic battery necessarily involved attempt to use force.