United States v. Nebinger, No. 19-1504 (7th Cir. 2021)
Annotate this Case
In 2016, Nebinger pleaded guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The Probation Office determined that he qualified as an armed career criminal, based on prior convictions for Illinois residential burglary, drug possession with intent to deliver, and aggravated battery, 18 U.S.C. 924(e)(1), which changed his sentencing exposure from a 10-year maximum sentence to a 15-year minimum sentence. The court held that his burglary conviction was an improper ACCA predicate and imposed a 10-year sentence. On remand, in light of a Seventh Circuit holding that the Illinois residential burglary statute corresponds to ACCA generic burglary, the court increased his sentence to 15 years.
The Seventh Circuit remanded. While this litigation was pending, the Illinois Supreme Court ruled that Illinois residential burglary is not an ACCA predicate. The Supreme Court’s 2019 "Rehaif" holding that the government must prove that the defendant knew that he fell within one of the categories of people who are not entitled to possess guns does not invalidate Nebinger's guilty plea. The knowledge element requires only that the defendant knew, at the time he possessed the firearm, that he was a felon; he did not also need to know that his status prohibited him from possessing a firearm. Neither Neblinger's indictment nor the government’s proffered factual basis for the conviction mentioned Nebinger’s knowledge of his status but Nebinger cannot establish prejudice. He admitted to six prior felony convictions at his plea colloquy.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.