United States Seventh Circuit

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US v. McDonald, 08-2703

District court's imposition of an enhanced sentence on a defendant convicted of being a felon in possession of a firearm, based on prior convictions, is vacated and remanded where: 1) under Begay and Woods, defendant's conviction for first-degree reckless injury does not qualify as a crime of violence for purposes of section 2K2.1(a)(2); and 2) defendant's second-degree sexual assault conviction should not have been used to increase his offense level under section 2K2.1(a).

Appellate Information

  • Argued 01/06/2009
  • Decided 01/25/2010
  • Published 01/25/2010

Judges

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

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Michelle L. Jacobs, Attorney, Paul Kanter, Attorney, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Daniel W. Stiller, Federal Public Defender, Thomas G. Wilmouth, Attorney, Federal Defender Services of Eastern Wisconsin, Incorporated, Milwaukee, WI, for Defendant-Appellant.