United States v. Bennett, No. 16-3769 (7th Cir. 2017)
Annotate this CaseBennett pleaded guilty to possession of a firearm by a felon, 18 U.S.C. 922(g)(1). Ordinarily, the maximum punishment for that crime is 120 months in prison but the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), requires a minimum sentence of 180 months in prison for persons who violate section 922(g)(1) after having accumulated three or more convictions for committing a “violent felony.” Bennett’s plea agreement provided that he would be sentenced to 180 months. Before his sentencing hearing, Bennett argued that his conviction for violating an Indiana law that punishes resisting law enforcement was not a crime of violence. The district judge disagreed and sentenced him to 180 months in prison. The Seventh Circuit vacated. A “violent felony” is a crime that “has as an element the use, attempted use, or threatened use of physical force against the person of another.” None of the offenses identified in the Indiana statute need involve a use, attempted use, or threatened use of physical force against anyone; none are felonies; violation of the statute is merely a misdemeanor.
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