Seventh Circuit - Categorical Approach

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. . .”

United States v. Glispie, 978 F.3d 502 (7th Cir. 2020). Illinois residential burglary is not a violent felony under the ACCA.

United States v. Smith, 981 F.3d 606 (7th Cir. 2020). Iowa aggravated assault is a crime of violence under §4B1.2. Though the statute is divisible, the defendant was convicted of the section of the statute that required force.

United States v. Oliver , 987 F.3d 794 (8th Cir. 2021). Illinois drug conspiracy in violation of 720 Ill. Comp. Stat. 570/401 (2005) is not a serious drug felony triggering an increased mandatory minimum penalty for federal drug trafficking. The statute is overbroad because its definition of cocaine is broader than the federal one, and, although the statute is divisible, documents in the record failed to show which subsection of the statute the defendant violated.

United States v. Smith, 989 F.3d 575 (7th Cir. 2021). Federal drug trafficking conspiracy in violation of 21 U.S.C. § 846 is a controlled substance offense under §4B1.2. Application Note 1 includes conspiracy offenses and does not conflict with the text of §4B1.2.

Bridges v. United States, 991 F.3d 793 (7th Cir. 2021). Hobbs Act robbery is not a crime of violence under §4B1.2. Defense counsel’s failure to raise this “ultimately meritorious guideline argument may constitute ineffective assistance of counsel even where there was no directly on-point precedent within the circuit at the relevant time.”

Training Topic: