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Statutory Interpretation

By: Derek Hawkins//December 13, 2017//

Statutory Interpretation

By: Derek Hawkins//December 13, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. John Foster

Case No.: 17-1703

Officials: BAUER, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Statutory Interpretation

The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), imposes a 15-year minimum sentence on defendants convicted of illegally possessing a firearm, see id. § 922(g)(1), who also have at least three prior convictions for a “violent felony” or a “serious drug offense.” Id. § 924(e)(1). After John Foster pleaded guilty to illegal gun possession under § 922(g)(1), the district court considered him to have three such qualifying convictions and sentenced him to 15 years in prison. Foster does not contest that two of his prior convictions qualify under ACCA. Those convictions were for dealing in methamphetamine (a serious drug offense), and Indiana robbery, a violent felony, see United States v. Duncan, 833 F.3d 751, 752 (7th Cir. 2016). Foster argues only that his past conviction for burglary—specifically Indiana’s Class B burglary of a dwelling—was not a violent felony and thus he did not have the requisite convictions for the sentencing enhancement. But his argument is foreclosed by United States v. Perry, 862 F.3d 620, 624 (7th Cir. 2017), so 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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