United States Seventh Circuit

Sentence for drug crimes and firearms possession is vacated and remanded where defendant's prior conviction for involuntary manslaughter required only a finding of recklessness and does not constitute a crime of violence under the residual clause in U.S.S.G. sec. 4B1.2(a)(2), and defendant thus does not have the requisite number of predicate convictions to authorize sentencing him as a career offender.

Appellate Information

• Argued 01/06/2009
• Decided 08/05/2009
• Published 08/05/2009

Judges

• WOOD, Circuit Judge., Before KANNE, WOOD, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Joseph C. Pedersen, Attorney (argued), Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee., Carol A. Brook, Attorney, Office of the Federal Defender Program, Chicago, IL, Haneef Omar, Attorney (argued), Federal Defender Program, Rockford, IL, for Defendant-Appellant.