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).
- Argued 01/06/2009
- Decided 01/25/2010
- Published 01/25/2010
- SYKES, Circuit Judge., Before KANNE, WOOD, and SYKES, Circuit Judges.
- United States Seventh Circuit
- 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.