Wednesday, December 29, 2010
Ind. Decisions - 7th Circuit issues two Indiana rulings today
In U.S. v. Cartwright (SD Ind., Lawrence), a 12-page opinion, D. Judge Alelman (Of the Eastern District of Wisconsin, sitting by designation) writes:
Police pulled Dewayne Cartwright over for a traffic violation, arrested him when he failed to produce a driver’s license and gave a false name, then searched the car incident to his arrest, locating a gun in the back seat. Charged with possessing a firearm as a felon, see 18 U.S.C. § 922(g)(1), Cartwright moved to suppress the firearm, relying on Arizona v. Gant, 129 S. Ct. 1710 (2009), a decision that came down subsequent to his arrest and which narrowed the scope of a permissible automobile search incident to arrest. The district court held an evidentiary hearing, then denied the motion, concluding that the police would have inevitably discovered the firearm pursuant to an inventory search of the car. Cartwright entered a conditional guilty plea, and the district court sentenced him to 84 months in prison. Cartwright now appeals the denial of his motion to suppress, arguing that the district court erred in applying the inevitable discovery doctrine. We affirm.
In U.S. v. Taylor (ND Ind., Miller), an 11-page opinion, Judge Williams writes:
James K. Taylor pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and was sentenced to 64 months’ imprisonment. His sentence was based in part on the district court’s conclusion that his prior Indiana conviction for Class C felony battery, Ind. Code § 35-42-2- 1(a)(3), qualified as a “crime of violence” under § 4B1.2(a) of the federal sentencing guidelines, enhancing his recommended base offense level. Taylor appeals the district court’s finding, arguing that his battery conviction was not a crime of violence for the purposes of the federal sentencing guidelines. We find that the Indiana battery offense of which Taylor was convicted—touching someone in a rude, insolent, or angry manner by means of a deadly weapon—qualifies as a crime of violence because such conduct will ordinarily involve, at a minimum, the threatened use of physical force. We affirm.
Posted by Marcia Oddi on December 29, 2010 02:14 PM
Posted to Ind. (7th Cir.) Decisions