United States of America v. Kevin Lamar Smith

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued May 24, 2016
Decided September 6, 2016
Before
ILANA DIAMOND ROVNER, Circuit Judge
DIANE S. SYKES, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 15-3033
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
KEVIN LAMAR SMITH,
Defendant-Appellant.
Appeal from the United States District
Court for the Southern District of Illinois.
No. 14-CR-30034
Michael J. Reagan,
Chief Judge.
O R D E R
On February 20, 2015, Kevin Lamar Smith pled guilty to being a felon in
possession of a weapon. He and the government disagreed as to whether he had three
prior convictions that met the criteria for triggering an enhanced sentence under the
Federal Armed Career Criminal Act. Under the Act, a court must impose a sentence of
fifteen years on any defendant who is a felon in possession of a weapon, in violation of
18 U.S.C. § 922(g), and has three or more previous convictions for a “violent felony” or a
“serious drug offense.” 18 U.S.C. § 924(e)(1). Smith contends that one of his prior
convictions, for burglary under Missouri law, does not qualify as a violent felony under
the Act.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1

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No. 15-3033 Page 2
On June 23, 2016, the Supreme Court issued a decision in Mathis v. United States,
136 S. Ct. 2243 (2016), which clarified the manner in which a sentencing court determines
whether a defendant’s prior conviction qualifies as a violent felony for purposes of the
enhanced sentence. In light of Mathis, the government now concedes that it is unable to
demonstrate that Smith’s conviction for second-degree Missouri Burglary qualifies as a
predicate felony under the Act. We therefore VACATE Smith’s sentence and REMAND
for re-sentencing.

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