U.S. v. CHAPPLE

No. 90-1544.

942 F.2d 439 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip D. CHAPPLE, also known as Bobby Davis, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1991.


Attorney(s) appearing for the Case

Grant C. Johnson, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Madison, Wis., for plaintiff-appellee.

Margaret Danielson (argued), Madison, Wis., for defendant-appellant.

Before BAUER, Chief Judge, and POSNER and KANNE, Circuit Judges.


KANNE, Circuit Judge.

Phillip Chapple was sentenced as a career criminal offender. One of the prior convictions that earned Chapple this status was possession of a firearm in violation of Illinois law. He appeals his sentence, arguing that the mere possession of a firearm does not constitute the crime of violence needed under the Sentencing Guidelines to designate him a career offender. We agree, and remand for resentencing.

I.

Chapple was charged...

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