United States Seventh Circuit

District court's imposition of a 180 month sentence, as an armed career criminal, on a defendant convicted of unlawful possession of a firearm is reversed and remanded as a lewd or lascivious act involving a person under the age of 14 is not a violent felony and as such, the 15 year minimum sentence for an armed career criminal does not apply.

Appellate Information

• Argued 01/11/2010
• Decided 02/08/2010
• Published 02/08/2010

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, KANNE, Circuit Judge, and KENNELLY, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Thomas E. Leggans, Attorney, George A. Norwood, Attorney, Amanda A. Robertson, Attorney, Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee., Stephen C. Williams, Attorney, Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.