Sentencing Guidelines-Armed Career Criminal Act

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7^th Circuit Court of Appeals

Case Name: United States of America v. Denny Anderson

Case No.: 21-1325

Officials: Ripple, Wood, and Jackson-Akiwumi, Circuit Judges.

Focus: Sentencing Guidelines-Armed Career Criminal Act

Denny Anderson was convicted in 2012 for possessing a firearm as a felon, stemming from an incident where he fired at an individual while using racial slurs. While the standard penalty for this offense is typically 10 years, the Armed Career Criminal Act (ACCA) mandates a minimum sentence of 15 years for individuals with three prior convictions for a “violent felony.” Anderson received an agreed-upon sentence of 180 months (15 years) in prison. However, following successful habeas petition he filed in 2013, he was resentenced in 2021.

The government argued that Anderson’s prior convictions warranted the 15-year minimum sentence. The district court concurred, citing Anderson’s convictions for burglary, robbery, and Florida aggravated assault as qualifying violent felonies. Anderson did not contest his classification as an armed career criminal, leading to his resentencing to 188 months in prison.

The Seventh Circuit determined that Anderson’s Florida conviction in 2001 did not meet the criteria for a violent felony predicate. Moreover, the government couldn’t substitute one of Anderson’s other prior convictions as an alternative predicate offense. As Anderson lacked three predicate convictions, the ACCA enhancement was deemed improper.

Vacated and remanded

Decided 04/30/24

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