United States Sixth Circuit

A sentence for being a felon in possession of a firearm is vacated and remanded where the trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA) as defendant's conviction for prison escape under Mich. Comp. Laws Ann. section 750.193 did not qualify as a "violent felony" under the ACCA.

Appellate Information

• Decided 07/12/2007
• Published 07/12/2007

Judges

• Before:  ROGERS and COOK, Circuit Judges;  and DOWD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth P. Tableman, Grand Rapids, Michigan, for Appellant.  John F. Salan, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Kenneth P. Tableman, Grand Rapids, Michigan, for Appellant.  John F. Salan, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.