U.S. v. GARDNER

No. 04-2969.

397 F.3d 1021 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin GARDNER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 2005.


Attorney(s) appearing for the Case

James P. Hanlon (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

James C. McKinley (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.

Before BAUER, COFFEY, and SYKES, Circuit Judges.


BAUER, Circuit Judge.

Benjamin Gardner pleaded guilty to possession of a firearm by a felon, 18 U.S.C. § 922(g)(1), and stealing firearms from a licensed firearms dealer, id. § 922(u). The parties agreed that the sentencing guidelines applied but disagreed whether Gardner's prior conviction for Residential Entry under Indiana law constituted "a crime of violence" under U.S.S.G. § 4B1.2, which would affect Gardner's base offense level under U...

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