BROWN v. RIOS

No. 11-1695.

696 F.3d 638 (2012)

Carnell BROWN, Petitioner-Appellant, v. Ricardo RIOS, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 2012.


Attorney(s) appearing for the Case

Melissa A. Cox (argued), Barry Levenstam , Attorneys, Jenner & Block LLP, Chicago, IL, for Petitioner-Appellant.

Linda L. Mullen (argued), Attorney, Office of the United States Attorney, Rock Island, IL, for Respondent-Appellee.

Before POSNER, MANION, and TINDER, Circuit Judges.


POSNER, Circuit Judge.

The principal although not only issue presented by this appeal is the often vexing question of whether a conviction used to enhance a defendant's sentence under the Armed Career Criminal Act is a "violent felony" within the meaning of the Act. 18 U.S.C. § 924(e). The Act defines the term to mean either a felony that "has as an element the use, attempted use, or threatened use of physical force against the person of another" or "is burglary...

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