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.