U.S. v. Gamez

Defendant was entitled to new sentencing hearing on his unlawful possession of firearm conviction, where defendant had received 15-year mandatory minimum sentence under Armed Career Criminal Act (ACCA), based, in part, on his 2002 Indiana arson conviction that Dist. Ct. found was “crime of violence” under ACCA. Ct. of Appeals found that 2002 Indiana arson statute was not crime of violence for purposes of ACCA, because it criminalized too broad of range of conduct for generic federal arson offense. This is so, it concluded, because, unlike federal generic arson offense, 2002 Indiana arson statute allowed for conviction, without proof of burning or fire-related damage.