United States v. Cunningham, No. 20-3203 (7th Cir. 2021)Annotate this Case
While on parole, Cunningham was riding in a car that police officers stopped for having an unregistered license plate. The driver sped away, provoking a high-speed chase. At some point, Cunningham exited the car and ran until he fell and dropped a 9mm round of ammunition. Cunningham, a felon, pleaded guilty to unlawful possession of ammunition, 18 U.S.C. 922(g)(1).
His PSR calculated a base offense level of 24 under U.S.S.G. 2K2.1(a)(2) because Cunningham had two previous convictions for a crime of violence, U.S.S.G. 4B1.2(a)(1). In 2007 and 2010, Cunningham had been convicted of aggravated battery against a peace officer. The PSR noted that the government provided the certified disposition, reflecting, as did the Chicago Police Department and Illinois State Police rap sheets, that Cunningham was convicted of 720 ILCS 5/12-4(a); information provided by the Department of Corrections (DOC) indicated that he was convicted of 720 ILCS 5/12- 4(b)(6). Cunningham was sentenced to 60 months, below the calculated range of 70-87 months. The Seventh Circuit affirmed, rejecting an argument that the court should have relied on the DOC records in determining whether his 2010 conviction constituted a crime of violence. The court appropriately relied on the certified record.