Sentencing Guidelines

By: Derek Hawkins//August 19, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Joseph A. Williams

Case No.: 18-2662

Officials: KANNE, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Sentencing Guidelines

Joseph Williams pleaded guilty to possessing a gun as a felon, 18 U.S.C. § 922(g)(1), and possessing cocaine with intent to distribute, 21 U.S.C. § 841(a)(1). He appeals only his sentence, arguing that the district court erred by sentencing him under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), based on three prior Indiana convictions: burglary, robbery, and dealing cocaine. He challenges the use of the cocaine conviction on two grounds. First, he says the record does not show just which statute he was convicted of violating. Second, he argues that Indiana’s statute on dealing cocaine, Ind. Code § 35-48-4-1 (2006), is broader than the ACCA definition of a “serious drug offense.” We disagree on both points and affirm the sentence under the ACCA.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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