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Lengthy split Seventh Circuit panel ruling on ACCA and juve predicates

By Douglas A. Berman

A split Seventh Circuit panel has an interesting (and quite lengthy) discussion of proper application of the Armed Career Criminal Act and of use of juvenile prior to trigger ACCA's increased sentenced.  The majority opinion in Welch v. US, No. 08-3108 (7th Cir. May 4, 2010) (available here), gets started this way: In 2005, Devin Welch pleaded guilty to unlawful possession of a firearm by a felon. He then brought a motion under 28 U.S.C. § 2255 to vacate his sentence. The district court denied the § 2255 motion in pertinent part. We granted a certificate of appealability to address two of Mr. Welch?s contentions. First, he submits that his prior conviction for the Illinois crime of aggravated fleeing or attempting to elude a police officer cannot qualify as a ?violent felony? within the meaning of the Armed Career Criminal Act (?ACCA?)...continue to full post

Full post as published by Sentencing Law and Policy on May 04, 2010 (boomark / email).