Yates v. United States, No. 16-3048 (7th Cir. 2016)
Annotate this CaseYates was sentenced as an armed career criminal under 18 U.S.C. 924(e) in 2003. The district court concluded that he had six qualifying prior convictions; the statute provides that three or more require an enhanced sentence. After the Supreme Court held in 2015 that the “residual clause” in section 924(e)(2)(B)(ii) is unconstitutionally vague, and made the decision retroactive, Yates argued that he had only two qualifying convictions. The prosecutor conceded that the petition was timely under 28 U.S.C. 2255(f)(3) and that three of Yates’s convictions were disqualified, but argued that Yates’s conviction of battery by a prisoner (Wis. Stat. 940.20(1)), qualifies as a violent felony under the “elements clause” of 924(e)(2)(B)(i) because it “has as an element the use, attempted use, or threatened use of physical force” against a person. The Seventh Circuit affirmed dismissal. The elements of the offense, not the facts of the crime, control. The Wisconsin statute provided: Any prisoner … who intentionally causes bodily harm to an officer, employee, visitor or another inmate … is guilty of a Class D felony.” Section 939.22(4) added that bodily harm means “physical pain or injury, illness, or any impairment of physical condition.” The described offense categorically is a crime of violence under the elements clause.
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