By: WISCONSIN LAW JOURNAL STAFF//October 23, 2014//
U.S. Court of Appeals for the 7th Circuit
Criminal
Sentencing — mandatory minimums
Where the defendant was an armed career criminal and was convicted of possessing a firearm after a felony conviction, the district court lacked authority to impose a sentence below 15 years.
“We begin with the Government’s appeal and conclude that Mr. Moody’s sentence must be corrected. The district court appropriately accepted the parties’ conclusion—confirmed by the unchallenged presentence report—that Mr. Moody’s Florida conviction for the armed burglary of a dwelling is a violent felony under the ACCA. The district court, therefore, had no authority to ignore the conviction because of its age or its underlying circumstances. Such considerations are irrelevant in determining predicate offenses under the Act. Although the sentencing guidelines are discretionary, a district court may not disregard a minimum sentence required by statute. Mr. Moody’s twelve-year sentence is illegal, and it must be corrected.”
Vacated and Remanded.
13-3875 & 13-3920 U.S. v. Moody
Appeals from the United States District Court for the Eastern District of Wisconsin, Stadtmueller, J., Ripple, J.