United States of America v. Lawrence W. Benson

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted April 3, 2009
Decided August 14, 2009
Before
KENNETH F. RIPPLE, Circuit Judge
DANIEL A. MANION, Circuit Judge
DIANE P. WOOD, Circuit Judge
No. 07-2134
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LAWRENCE W. BENSON,
Defendant-Appellant.
On Remand from the Supreme Court of
the United States
No. 06-CR-8
Lynn Adelman,
Judge.
O R D E R
The district court sentenced Lawrence Benson under the Armed Career Criminal Act,
18 U.S.C. § 924(e); one of the three crimes that predicated the enhancement was a 1984 juvenile
adjudication for injury by negligent use of a dangerous weapon. On remand from the Supreme
Court, the government concedes that, under Begay v. United States, 128 S. Ct. 1581 (2008), and
United States v. Smith, 544 F.3d 781, 786 (7th Cir. 2008), a crime requiring the mental state of
negligence is not a “violent felony” under the Act. Our independent analysis confirms this
assessment. We therefore VACATE the sentence and REMAND for further proceedings in light
of Begay.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1

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