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U.S. v. CAPLER

Nos. 08-3975, 09-2513.

636 F.3d 321 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Nathaniel L. CAPLER, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Donte L. Stewart, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 1, 2011.

Attorney(s) appearing for the Case

Joseph H. Hartzler (argued), Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee in Docket No. 08-3975.

Daniel T. Hansmeier (argued), Attorney, Office of the Federal Public Defender, Springfield, IL, for Defendant-Appellant in Docket No. 08-3975.

Michael C. Carr , Attorney, Office of the United States Attorney, Benton, IL, Joseph H. Hartzler (argued), AUSA, Springfield, IL, for Plaintiff-Appellee in Docket No. 09-2513.

Daniel T. Hansmeier (argued), Attorney, Springfield, IL, Andrew J. McGowan , Attorney, Richard H. Parsons , Attorney, Peoria, IL, Office of the Federal Public Defender, Donte L. Stewart , Federal Correctional Institution (Low), Yazoo City, MS, for Defendant-Appellant in Docket No. 09-2513.

Before BAUER, MANION, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Nathaniel Capler pleaded guilty to two drug offenses and was sentenced to 141 months' imprisonment based in part on an Illinois conviction for unlawful restraint that the district court deemed to be a "crime of violence" within the meaning of U.S.S.G. § 4B1.2. See 720 ILL. COMP. STAT. 5/10-3. On appeal he challenges only the district court's conclusion that his prior conviction is a crime of violence.1

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