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.
- Argued 04/22/2008
- Decided 09/12/2008
- Published 09/12/2008
- RIPPLE, Circuit Judge., Before RIPPLE, EVANS and WILLIAMS, Circuit Judges.
- United States Seventh Circuit
- 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.