US v. Goodpasture, No. 08-3328

District court's imposition of a 180 month sentence, as an armed career criminal, on a defendant convicted of unlawful possession of a firearm is reversed and remanded as a California offense of a lewd or lascivious act involving a person under the age of 14 is not a violent felony and as such, the 15 year minimum sentence for an armed career criminal does not apply. 

Read US v. Goodpasture, No. 08-3328

Appellate Information

Appeal from the United States District Court for the Southern District of Illinois

Decided February 8, 2010

Judges

Before: Easterbrook. Chief Judge, and  Kanne, Circuit Judge, and Kennelly, District Judge

Opinion by Circuit Judge  Easterbrook