United States Seventh Circuit

Defendant's conviction for possession of a firearm by a felon is affirmed where: 1) officers had reasonable suspicion to stop the SUV in which defendant was riding; and 2) there was sufficient evidence to show that the defendant constructively or actually possessed the gun. However, the sentence of 387 months' imprisonment is vacated and remanded where, although the district court was correct that a conviction for residential entry in Indiana qualifies as a "violent felony" for the purposes of the Armed Career Criminal Act, defendant's conviction for criminal recklessness in Indiana does not qualify.

Appellate Information

• Argued 01/05/2009
• Decided 11/04/2009
• Published 11/04/2009

Judges

• WILLIAMS, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Winfield D. Ong, Attorney (argued), Matthew J. Rinka, Attorney, Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Joel D. Bertocchi, Daniel L. Farris, Attorney (argued), Hinshaw & Culbertson, Chicago, IL, William H. Dazey, Jr., Attorney, Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.