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United States v. Hampton

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ARGUED JANUARY 5, 2009

Before EASTERBROOK, Chief Judge, and POSNER and WILLIAMS, Circuit Judges.

A series of 911 calls reporting shots fired in broad daylight led police officers to a busy area in Indianapolis to arrest the gunman. One caller fingered the occupants of a white sports utility vehicle (“SUV”), which carried defendant Anthony Hampton. When officers stopped Hampton and the driver, they recovered two guns. After applying enhancements be- cause of Hampton’s previous felony convictions, the court sentenced him to 387 months’ imprisonment. We affirm Hampton’s conviction because we conclude that the officers had reasonable suspicion to stop the SUV in which Hampton was riding and that there was sufficient evidence to show that Hampton constructively or actually possessed the gun. As to his sentence, although we agree with the district court that a conviction for residential entry in Indiana qualifies as a “violent felony” for the purposes of the Armed Career Criminal Act (“ACCA”), we conclude that Hampton’s prior conviction for criminal recklessness in Indiana does not qualify, and therefore, Hampton must be resentenced.

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