USA v. Lawrence Benson, No. 07-2134 (7th Cir. 2009)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 5, 2008.
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted April 3, 2009 Decided August 14, 2009 Before KENNETH F. RIPPLE, Circuit Judge DANIEL A. MANION, Circuit Judge DIANE P. WOOD, Circuit Judge No. 07-2134 UNITED STATES OF AMERICA, Plaintiff-Appellee, On Remand from the Supreme Court of the United States No. 06-CR-8 v. LAWRENCE W. BENSON, Defendant-Appellant. Lynn Adelman, Judge. ORDER The district court sentenced Lawrence Benson under the Armed Career Criminal Act, 18 U.S.C. ยง 924(e); one of the three crimes that predicated the enhancement was a 1984 juvenile adjudication for injury by negligent use of a dangerous weapon. On remand from the Supreme Court, the government concedes that, under Begay v. United States, 128 S. Ct. 1581 (2008), and United States v. Smith, 544 F.3d 781, 786 (7th Cir. 2008), a crime requiring the mental state of negligence is not a violent felony under the Act. Our independent analysis confirms this assessment. We therefore V ACATE the sentence and R EMAND for further proceedings in light of Begay.
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