USA v. Kevin Smith, No. 15-3033 (7th Cir. 2016)
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 Argued May 24, 2016 Decided September 6, 2016 Before ILANA DIAMOND ROVNER, Circuit Judge DIANE S. SYKES, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 15-3033 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KEVIN LAMAR SMITH, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Illinois. No. 14-CR-30034 Michael J. Reagan, Chief Judge. ORDER On February 20, 2015, Kevin Lamar Smith pled guilty to being a felon in possession of a weapon. He and the government disagreed as to whether he had three prior convictions that met the criteria for triggering an enhanced sentence under the Federal Armed Career Criminal Act. Under the Act, a court must impose a sentence of fifteen years on any defendant who is a felon in possession of a weapon, in violation of 18 U.S.C. § 922(g), and has three or more previous convictions for a “violent felony” or a “serious drug offense.” 18 U.S.C. § 924(e)(1). Smith contends that one of his prior convictions, for burglary under Missouri law, does not qualify as a violent felony under the Act. No. 15-3033 Page 2 On June 23, 2016, the Supreme Court issued a decision in Mathis v. United States, 136 S. Ct. 2243 (2016), which clarified the manner in which a sentencing court determines whether a defendant’s prior conviction qualifies as a violent felony for purposes of the enhanced sentence. In light of Mathis, the government now concedes that it is unable to demonstrate that Smith’s conviction for second-degree Missouri Burglary qualifies as a predicate felony under the Act. We therefore VACATE Smith’s sentence and REMAND for re-sentencing.
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