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Friday, March 12, 2010

Ind. Decisions - One Indiana case decided today by 7th Circuit

In U.S. v. Sykes (SD Ind., McKinney), a 12-page opinion, Judge Bauer writes:

Defendant Marcus Sykes pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1) and 924(e). The district court enhanced Sykes’ sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(ii), having determined that he had previously been found guilty of three violent felonies. * * *

For the reasons set forth above, fleeing police in a vehicle in violation of Ind. Code § 35-44-3-3(b)(1)(A) is sufficiently similar to ACCA’s enumerated crimes in kind, as well as the degree of risk posed, and counts as a violent felony under ACCA. We affirm.

Posted by Marcia Oddi on March 12, 2010 01:18 PM
Posted to Ind. (7th Cir.) Decisions