Court Error – Sentence Modification

By: Derek Hawkins//July 12, 2017//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jason Perry

Case No.: 16-1635

Officials: BAUER and KANNE, Circuit Judges, and FEINERMAN, District Judge.

Focus: Court Error – Sentence Modification

Jason Perry pleaded guilty to two counts under 18 U.S.C. § 922(g)(1) for being a felon in possession of a firearm and ammunition. The district court sentenced him to 360 months’ imprisonment upon finding that three of his prior felonies, including two burglary convictions under Indiana law, qualified as “violent felonies” under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Perry argues on appeal that the enhancement was improper because Indiana burglary is not an ACCA predicate offense. He also contends that the two felon in possession counts are duplicative and should have been merged at sentencing. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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