Seventh Circuit - Categorical Approach

Klikno v. United States, 928 F.3d 539 (7th Cir. 2019). Illinois simple robbery is a violent felony under the force clause of the ACCA because it has an element of force functionally identical to force necessary to overcome a victim’s resistance.

United States v. Brazier, 933 F.3d 796 (7th Cir. 2019). Kidnapping in violation of 18 U.S.C. § 1201 and making a demand for ransom in violation 18 U.S.C. § 875(a) are not crimes of violence under 18 U.S.C. § 924(c) because neither statute has as an element the use of force.

United States v. Adams, 934 F.3d 720 (7th Cir. 2019). Illinois methamphetamine conspiracy is a controlled substance offense under §4B1.2(b).

Haynes v. United States, 936 F.3d 683 (7th Cir. 2019). Travel or transportation in aid of racketeering enterprises in violation of 18 U.S.C. § 1952(a)(2) is a crime of violence under the force clause of 18 U.S.C. § 924(c)(3)(A). The elements of the underlying offense are incorporated into the elements of the racketeering statute, and defendant’s underlying Hobbs Act robberies were crimes of violence.

Portee v. United States, 941 F.3d 263 (7th Cir. 2019). Indiana pointing a firearm and felony intimidation are not violent felonies under ACCA’s force clause.

Dotson v. United States, 949 F.3d 317 (7th Cir. 2020). In very limited circumstances, the government may “substitute” an ACCA predicate offense if another predicate was deemed ineligible. The defendant’s ACCA enhancement could stand because the defendant had notice of the substituted prior conviction. It was included in the indictment and presentence report, and the defendant clearly had knowledge and a belief, albeit mistaken, that the offense in question had served as a predicate during trial and appellate proceedings.

United States v. Carter, 961 F.3d 953 (7th Cir. 2020). Iowa aggravated assault is a crime of violence under §4B1.2(a).

United States v. Ruth, 966 F.3d 642 (7th Cir. 2020). Illinois possession with intent to deliver cocaine is not a “felony drug offense” under 21 U.S.C. § 851’s sentence enhancement provision. The statute is indivisible and is broader than “felony drug offense” because it includes positional isomers. The offense is a controlled substance offense under §4B1.2 because the guideline definition is broad and covers “any category of behavior-altering or addictive drugs. . .”

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