Sentence for drug crimes and firearms possession is vacated and remanded where defendant's prior conviction for involuntary manslaughter required only a finding of recklessness and does not constitute a crime of violence under the residual clause in U.S.S.G. sec. 4B1.2(a)(2), and defendant thus does not have the requisite number of predicate convictions to authorize sentencing him as a career offender.
Appellate Information
Appeal from the United States District Court for the Northern District of Illinois, Western Division.
Argued January 6, 2009
Decided August 5, 2009
Judges
Before KANNE, WOOD, and SYKES, Circuit Judges.
Opinion by KANNE, Circuit Judge.
EASTERBROOK, Chief Judge, with whom Posner and Tinder, Circuit Judges, join, dissenting
