United States v. Duncan, No. 15-3485 (7th Cir. 2016)
Annotate this CaseDuncan was arrested on outstanding warrants. Police discovered a loaded pistol near the site of his arrest. Duncan admitted that it belonged to him. He pled guilty to being a felon and unlawful user of controlled substances in possession of a firearm and ammunition, 18 U.S.C. 922(g)(1), (g)(3), and 924(e). Duncan had Indiana state convictions for robbery, one in 2001, and two in 2008. The statute defines robbery as “knowingly or intentionally tak[ing] property from another person or from the presence of another person” either “by using or threatening the use of force on any person” or “by putting any person in fear.” Ind. Code 35-42-5-1. The district court found that the three convictions counted as “violent felonies” under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(2)(B)(i). Without the enhancement, Duncan faced a maximum sentence of 10 years in prison. With the enhancement, he faced a mandatory minimum sentence of 15 years. The Seventh Circuit affirmed. In the ordinary case, robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under section 924(e)(2)(B)(i).
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