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United States Seventh Circuit


U.S. v. Gilbert, 05-3111

Sentence as an armed career criminal for possession of a firearm by a felon is vacated and remanded where the district court erred in treating defendant's prior conviction for criminal confinement as a conviction for a crime of violence since the record did not disclose that defendant was convicted of a form of criminal confinement that required a finding of force or threat of force.

Appellate Information

  • Argued 06/02/2006
  • Decided 09/19/2006
  • Published 09/19/2006

Judges

  • ROVNER, Circuit Judge., Before POSNER, EASTERBROOK, and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Donna R. Eide, James P. Hanlon (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Timothy M. Schaum (argued), Winston & Strawn, Chicago, IL, for Defendant-Appellant.
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