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KIRKLAND v. U.S.

No. 11-2507.

687 F.3d 878 (2012)

Jeffrey D. KIRKLAND, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 24, 2012.

Attorney(s) appearing for the Case

David P. Jones , Sean J. Quinn (argued), Attorneys, Newby, Lewis, Kaminski & Jones, LLP, Laporte, IN, for Petitioner-Appellant.

Emily Kathleen Kerkhof (argued), Attorney, Office of the United States Attorney, Hammond, IN, for Respondent-Appellee.

Before FLAUM and ROVNER, Circuit Judges, and CASTILLO, District Judge.

CASTILLO, District Judge.

Jeffrey Kirkland was convicted of unlawful possession of a firearm by a felon, and based on a finding that he had five "violent felony" convictions, including two drunk driving offenses, the district court sentenced him as an armed career criminal pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e) ("ACCA"). After the Supreme Court determined that drunk driving is not a "violent felony" as the term is defined in the ACCA, ...

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