United States v. Teague
Teague pled guilty to possession of a weapon by a felon. In a Presentence Investigation Report, the U.S. Probation Department assigned a base offense level of 14. The government argued the base level should be 20 because Teague had previously been convicted of a crime of violence--second-degree murder under Illinois law. The court held that second-degree murder as defined in Illinois law is not a crime of violence because it is not limited to intentional murder, calculated a Guideline range of 21–27 months’ imprisonment, and sentenced Teague to 21 months’ imprisonment. The government appealed. The Seventh Circuit reversed. The second-degree murder statute incorporates the intentional or knowing use of force element from the first-degree murder statute. An offender cannot be convicted of second-degree murder without proof beyond a reasonable doubt that the offender acted with the intent or knowledge that his actions would cause the death of another, so the offense is a crime of violence under the elements clause of the Guidelines’ definition. Second-degree murder under Illinois law is also a crime of violence under the enumerated offenses because it fits within the generic definitions of murder or voluntary manslaughter. View "United States v. Teague" on Justia Law