United States v. Jones, No. 11-3719 (7th Cir. 2012)
Annotate this CaseWhile officers were following a vehicle in which Jones was riding as a passenger, Jones threw a handgun out the window. The driver pulled over and officers obtained consent to search from both Jones and the driver. Jones had an empty handgun holster around his waist and 18 grams of marijuana in his shoe. The officers then retraced their route and retrieved the handgun from a driveway a few blocks away. Jones admitted the gun was his. He was convicted of unlawfully possessing a firearm as a felon and was sentenced as an armed career criminal based in part on a prior Illinois conviction for vehicular fleeing, which the judge counted as a third violent felony under the residual clause of the Armed Career Criminal Act, 18 U.S.C. 924(e)(2)(B)(ii), triggering a mandatory minimum sentence of 15 years to life. The judge sentenced Jones to 184 months, just above the mandatory minimum. The Seventh Circuit affirmed, rejecting a vagueness challenge to the residual clause. The court noted that a majority of the Supreme Court has rejected the argument, albeit only in response to dissents, not in the more formal sense of deciding an explicit void-for-vagueness challenge.
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