U.S. v. Robinson

Dist. Ct. did not err in sentencing on remand defendant to 180-month term of incarceration, where said sentence was based, in part, on finding that defendant qualified as armed-career-criminal pursuant to 18 USC section 924(c). Dist. Ct. could properly find that defendant’s prior Illinois conviction on charge of aggravated discharge of firearm qualified as “violent felony” for purposes of 18 USC section 924(e)(2)(B), where said offense had mens rea of knowing discharge of weapon into building that defendant knew to be occupied or in direction of another person or in direction of vehicle that defendant knew to be occupied. Ct. rejected defendant’s argument that recent Supreme Ct. decision in Borden, 141 S.Ct. 1817, precluded finding that his aggravated discharge of firearm conviction qualified as violent felony, where Borden only addressed predicate offence having mens rea of recklessness, and where Illinois law established that instant aggravated discharge of firearm offense required mens rea of knowledge that was higher than recklessness mens rea. Ct. further observed that because defendant did not raise instant issue in his direct appeal, and because Borden was irrelevant with respect to his armed-career-criminal status, “mandate rule” arising out of resolution of direct appeal applied, because defendant’s status as armed-career-criminal was settled at his initial sentencing proceeding and remained settled after Borden.