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Tuesday, November 01, 2016

Ind. Decisions - 7th Circuit decides one Indiana case today

In USA v. Deandre Armour (SD Ind., Barker), a 15-page opinion, Judge Hamilton writes:

This appeal stems from an at tempted bank robbery. It presents issues concerning the de fendant’s sentence and the defini tion of a “crime of violence” in 18 U.S.C. § 924(c), which provides extra punishment for use of a firearm in committing a crim e of violence. We affirm the district court’s judgment for the most part, but we must re mand for re-sentencing on one count of conviction because the court imposed a mandatory minimum sentence under § 924(c) without a jury finding on the key fact. * * *

To sum up then, we AFFIRM the defendant’s conviction for violation of §924(c) but VACATE the sentence on that count and remand for re-sentencing on that count consistent with this opinion. We also AFFIRM the district court’s decision to sentence defendant as a career offender under the Sentencing Guidelines.

Posted by Marcia Oddi on November 1, 2016 12:17 PM
Posted to Ind. (7th Cir.) Decisions