United States Seventh Circuit

Conviction of a defendant for being a felon in possession of a firearm is affirmed in part and reversed in part where: 1) the district court did not err in denying defendant's motion to suppress because the officers did have reasonable suspicion to stop defendant's van and the gun, which was in plain view inside the van, should not be suppressed; and 2) district court plainly erred in using defendant's prior involuntary manslaughter conviction to enhance his sentence as it does not qualify as a crime of violence.

Appellate Information

• Decided 08/28/2009
• Published 08/28/2009

Judges

• WILLIAMS, Circuit Judge., Before BAUER, CUDAHY, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Michael F. Iasparro (argued), Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee., Richard H. Parsons, Kent V. Anderson (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.