United States Seventh Circuit

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US v. Ellis, 08-2512

Defendant's convictions for firearm related crimes in Indiana and in Illinois district courts, in connection with defendant's role as the chief enforcer of a notorious Chicago street gang, are affirmed in part, reversed in part and remanded where: 1) defendant is not subject to the enhanced penalties applicable to armed career criminals under the ACCA or the sentencing guidelines as defendant's conviction for felony intimidation under Indiana law does not have "as an element the threatened use of physical force against the person of another" and therefore does not qualify as a violent felony under the primary definition of the term; 2) defendant's conviction on one of the section 922(g)(1) counts in the Indiana case is reversed on double jeopardy grounds as it was based on defendant's possession of the same guns as in the Illinois case and the government has not sufficiently established a break in constructive possession; and 3) defendant's remaining arguments are rejected and the case is remanded for resentencing.

Appellate Information

  • Argued 06/03/2009
  • Decided 09/17/2010
  • Published 09/17/2010

Judges

  • <a href="http://pview.findlaw.com/view/2867654_1">SYKES</a>

Court

  • United States Seventh Circuit

Counsel