Legal Opinion · Dissent

Welch v. United States

Court of Appeals for the Seventh Circuit

Decided May 4, 2010No. 08-3108Published

1DissentPosner, Circuit Judge

The defendant pleaded guilty to a charge of illegal possession of a gun by a felon, in violation of 18 U.S.C. § 922(g)(1), for which the maximum prison sentence ordinarily would have been 120 months. 18 U.S.C. § 924(a)(2). But the judge, because he found that the defendant had prior convictions for three “violent felonies,” was required by the Armed Career Criminal Act to impose a sentence of at least 15 years, 18 U.S.C. § 924(e)(1), and did so. We affirmed in an unpublished order. United States v. Welch, No. 06-3385 (7th Cir. Feb. 21, 2007). The following year the defendant moved to vacate…

2Cases cited35 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Jones v. United StatesSupreme Court of the United States · 1999
  5. Schriro v. SummerlinSupreme Court of the United States · 2004

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