Dist. Ct. did not err in sentencing defendant to 15-year minimum sentence on unlawful possession of firearm as felon charge, where said sentence was based, in part, on finding that defendant qualified for enhanced sentencing treatment under Armed Career Criminal Act (ACCA). Dist. Ct. could properly find that defendant’s prior Hobbs Act robbery convictions qualified as “violent felonies” within meaning of 18 USC section 924(c). Ct. rejected defendant’s claim that: (1) Hobbs Act robbery using force against property offense is categorically broader in scope than generic extortion offense that does qualify for ACCA treatment; and/or (2) requisite finding that his eight prior Hobbs Act convictions involved different victims and were separated over time and place could only be determined by jury.
Federal 7th Circuit Court
Criminal Court
Sentencing