Shields v. United States

Shields parked his car partially in a crosswalk, in violation of a Chicago ordinance. Officers approached Shields, who was in the driver’s seat. They told Shields to get out of the car. He ran. An officer chased and tackled him and discovered that he was carrying a gun. Shields was charged as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The court sentenced him to 15 years’ imprisonment as an armed career criminal based on his prior convictions for aggravated battery, residential burglary, and armed robbery, 18 U.S.C. § 924(e)(1). His conviction and sentence were affirmed. Shields then moved under 18 U.S.C. 2255 to vacate his sentence, arguing, based on the Supreme Court’s 2015 “Johnson” holding, that two of his convictions were not violent felonies under the ACCA. Johnson held that the definition of “violent felony” in the Act’s “residual” clause was unconstitutionally vague. The Seventh Circuit affirmed the denial of the motion. Residential burglary is an enumerated offense under the Act because the crime of burglary in Illinois aligns with the federal definition of burglary. The terms of the Illinois armed robbery statute, referring to either “use of force or … threatening the imminent use of force,” fall within the force requirements of the ACCA. View "Shields v. United States" on Justia Law