United States Seventh Circuit

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US v. Smith, 07-1853

Sentence for being a felon in possession of a firearm is vacated and remanded where: in light of the holding in Begay v. US, 128 S. Ct. 1581 (2008), defendant's two prior convictions for felonies with a mens rea of recklessness were not violent felonies for purposes of applying a sentence enhancement under the Armed Career Criminal Act.

Appellate Information

  • Argued 04/22/2008
  • Decided 09/12/2008
  • Published 09/12/2008

Judges

  • RIPPLE, Circuit Judge., Before RIPPLE, EVANS and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Doris L. Pryor (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Jack F. Crawford (argued), Crawford & Devane, Indianapolis, IN, for Defendant-Appellant.
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