U.S. Court of Appeals for the Seventh Circuit, 2009

United States v. Lawrence Benson

United States v. Lawrence Benson
U.S. Court of Appeals for the Seventh Circuit · Decided August 14, 2009 · Ripple, Manion, Wood
331 F. App'x 422

United States v. Lawrence Benson

Opinion

ORDER

The district court sentenced Lawrence Benson under the Armed Career Criminal Act, 18 U.S.C. § 924(e); one of the three crimes that predicated the enhancement was a 1984 juvenile adjudication for injury by negligent use of a dangerous weapon. On remand from the Supreme Court, the government concedes that, under Begay v. United States, — U.S. -, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), and United States v. Smith, 544 F.3d 781, 786 (7th Cir. 2008), a crime requiring the mental state of negligence is not a “violent felony” under the Act. Our independent analysis confirms this assessment. We therefore Vacate the sentence and Remand for further proceedings in light of Begay.

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