Legal Opinion

United States v. Smith

Court of Appeals for the Seventh Circuit

Decided September 12, 2008No. 07-1853PublishedCited by 78 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

Steven Smith was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). The district court found that Mr. Smith qualified for an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA” or “Act”), and therefore imposed a sentence of 240 months’ imprisonment. Mr. Smith now appeals his sentence, challenging whether, after the Supreme Court’s recent decision in Begay v. United States, — U.S. -, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), a felony committed with a mens rea of recklessness may qualify as a…

2Cases cited16 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Taylor v. United StatesSupreme Court of the United States · 1990
  5. Shepard v. United StatesSupreme Court of the United States · 2005

11 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. United States v. WoodsCourt of Appeals for the Seventh Circuit · 2009
  2. United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
  3. Devon Groves v. United StatesCourt of Appeals for the Seventh Circuit · 2014
  4. Welch v. United StatesCourt of Appeals for the Seventh Circuit · 2010
  5. United States v. DismukeCourt of Appeals for the Seventh Circuit · 2010

73 more not listed; retrieve them via the Exa API.

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