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Friday, February 27, 2009

Ind. Decisions - 7th Circuit issues one Indiana decision today

US v. Dunson (SD Ind., Judge Tinder), a 2-page, per curiam opinion, concludes:

Shortly after Dunson filed this appeal, we held in United States v. Spells, 537 F.3d 743, 752 (7th Cir. 2008), that the Indiana crime at issue is a “violent felony” for pur-poses of the Armed Career Criminal Act, see 18 U.S.C. §§ 924(e)(1), (2)(B)(ii). “Taking flight calls the officer to give chase,” we reasoned, and “dares the officer to need-lessly endanger himself in pursuit.” Spells, 537 F.3d at 752. Our decision was informed by Begay v. United States, 128 S. Ct. 1581 (2008), and is not undermined by the Supreme Court’s most recent application of Begay, see Chambers v. United States, 129 S. Ct. 687 (2009) (holding that passively failing to report for service of a criminal sentence is not a “violent felony”). Although Dunson was not sentenced as an armed career criminal, we interpret “violent fel- ony” as used in § 2K2.1 the same way as “crime of vio- lence” in § 924(e). See, e.g., United States v. Templeton, 543 F.3d 378, 380 (7th Cir. 2008). The district court thus prop- erly classified Dunson’s prior conviction for fleeing a police officer in a vehicle as a crime of violence. AFFIRMED.

Posted by Marcia Oddi on February 27, 2009 10:42 AM
Posted to Ind. (7th Cir.) Decisions