US v. Hampton, No. 07-3134

Defendant's conviction for possession of a firearm by a felon is affirmed where: 1) officers had reasonable suspicion to stop the SUV in which defendant was riding; and 2) there was sufficient evidence to show that the defendant constructively or actually possessed the gun. However, the sentence of 387 months' imprisonment is vacated and remanded where, although the district court was correct that a conviction for residential entry in Indiana qualifies as a "violent felony" for the purposes of the Armed Career Criminal Act, defendant's conviction for criminal recklessness in Indiana does not qualify. 

Read US v. Hampton, No. 07-3134

Appellate Information

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division

Decided November 4, 2009

Judges

Before:  Easterbrook, Chief Judge, and Posner and Williams, Circuit Judges

Opinion by Wiliams, Circuit Judge