U.S. v. Cunningham

Dist. Ct. did not err in sentencing defendant to 60-month term of incarceration on charge of unlawful possession of ammunition, even though defendant argued that Dist. Ct. miscalculated his sentencing range by finding that one of his two prior convictions for aggravated battery qualified as crime of violence. While defendant argued that said conviction did not qualify as crime of violence, because he was convicted under 720 ILCS section 5/12-4(b), according to presentence report that indicated that Dept. of Corrections had stated that defendant was convicted under section 12-4(b), Dist. Ct. could properly find that defendant was actually convicted under section 12-4(a), which defendant agreed was crime of violence, where court-certified record of conviction, as well as separate reports from Chicago Police Department and Illinois State Police, indicated that defendant was convicted under section 12-4(a). As such, there was no need for Dist. Ct. to further investigate nature of defendant’s unlawful conduct arising out of said conviction.