Sentencing — ACCA, Illinois burglary

Posted March 15, 2021 11:33 AM

Where defendant’s conviction for Illinois residential burglary could not be used as Armed Career Criminal Act predicate because the Illinois statute was broader than generic burglary as defined by the Supreme Court, resentencing was required.The 7th U.S. Circuit Court of Appeals affirmed in part and reversed in part a decision by Judge James E. Shadid, Central District of Illinois. Jason Nebinger pleaded guilty in 2016 to violating section 922(g)(1) and being a felon in possession of a firearm. Prior to sentencing, the …

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