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124009P.pdf 02/12/2014 United States v. Calvin Bankhead
U.S. Court of Appeals Case No: 12-4009
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Gruender, Author, with Loken and Shepherd, Circuit Judges]
Criminal Case - Armed Career Criminal Act. The district court erred in
using the modified categorical approach to determine whether Bankhead's
juvenile adjudication qualified as a previous conviction under the Armed
Career Criminal Act because the Illinois statute of conviction was
indivisible regarding the type of dangerous weapon carried. Under the
categorical elements-based inquiry, the crime of conviction does not
correspond to the narrower ACCA requirement and thus the sentence is
vacated. Judge Loken concurs.