Seventh Circuit Holds That When a Substantive Offense Would Be a Violent Felony Under Acca, an Attempt to Commit That Offense Also Is a Violent Felony.

The Seventh Circuit rejected a federal collateral attack where the Defendant was sentenced as an armed career criminal based (in part) on an Illinois attempt first degree murder conviction.
The Seventh Circuit held, apparently for the first time, that when a substantive offense would be a violent felony under §924(e) and similar statutes, an attempt to commit that offense also is a violent felony.
The Defendant argued that murder is not a violent felony for ACCA purposes, so the attempt shouldn’t be either. This was rejected.

The case is USA v. Hill.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D12-13/C:16-3239:J:Easterbrook:aut:T:fnOp:N:2076685:S:0

Categories: 
Related Posts
  • Number 10 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. McCavitt. Read More
  • U.S. Supreme Court Holds Defendants Sentenced on Mandatory Minimum Ineligible for Later Sentencing Reductions Based on Reduction in Guidelines Range. Read More
  • Seventh Circuit Orders Limited Remand in Light of United States v. Dean Read More
/