Judges: Per Curiam
Filed: May 21, 2018
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted May 21, 2018* Decided May 21, 2018 Before JOEL M. FLAUM, Circuit Judge MICHAEL S. KANNE, Circuit Judge DIANE S. SYKES, Circuit Judge No. 17-2514 LASHON BROWNING, Appeal from the United States District Petitioner-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 16 C 6268 UNITED STATES OF AMERIC
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted May 21, 2018* Decided May 21, 2018 Before JOEL M. FLAUM, Circuit Judge MICHAEL S. KANNE, Circuit Judge DIANE S. SYKES, Circuit Judge No. 17-2514 LASHON BROWNING, Appeal from the United States District Petitioner-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 16 C 6268 UNITED STATES OF AMERICA..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted May 21, 2018*
Decided May 21, 2018
Before
JOEL M. FLAUM, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 17‐2514
LASHON BROWNING, Appeal from the United States District
Petitioner‐Appellant, Court for the Northern District of Illinois,
Eastern Division.
v.
No. 16 C 6268
UNITED STATES OF AMERICA,
Respondent‐Appellee. Robert W. Gettleman,
Judge.
O R D E R
Lashon Browning was convicted of being a felon in possession of a firearm,
18 U.S.C. § 922(g), and, based in part on two Illinois armed‐robbery convictions, he was
sentenced as a career offender under the Armed Career Criminal Act to 240 months’
imprisonment, see 18 U.S.C. § 924(e)(1). Under the ACCA, a felon possessing a firearm
in violation of § 922(g) is subject to a higher statutory minimum sentence if that person
has three prior convictions for “violent felonies” or “serious drug offenses.” After the
* We have agreed to decide this case without oral argument because the briefs
and record adequately present the facts and legal arguments, and oral argument would
not significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
No. 17‐2514 Page 2
Supreme Court in Samuel Johnson v. United States, 135 S. Ct. 2551 (2015), struck down the
ACCA’s “residual clause” as unconstitutionally vague, Browning filed this
postconviction motion under 28 U.S.C. § 2255 arguing that his predicate Illinois
convictions for armed robbery no longer qualify as “violent felonies” for purposes of
the ACCA and that he should not have been sentenced as a career offender. The district
judge determined that Illinois armed robbery still qualified as a violent felony and
denied Browning’s motion, but the judge granted him a certificate of appealability.
In recent years, the Armed Career Criminal Act has been the subject of extensive
litigation. After Samuel Johnson, a “violent felony” that is not enumerated in
§ 924(e)(2)(B)(ii) must include “as an element the use, attempted use, or threatened use
of physical force against the person of another,” § 924(e)(2)(b)(i). The Supreme Court
has clarified that the level of force required is “violent force—that is, force capable of
causing physical pain or injury to another person.” Curtis Johnson v. United States,
559 U.S. 133, 140 (2010).
Browning maintains that the Illinois armed‐robbery statute requires less than
violent force to obtain a conviction and argues that the Supreme Court’s recent opinions
have undermined our previous decision concluding that Illinois armed robbery is a
violent felony under the ACCA. See United States v. Dickerson, 901 F.2d 579, 584 (7th Cir.
1990). But only two months ago we revisited Dickerson in light of Curtis Johnson and
reaffirmed that “Illinois courts require sufficient force for robbery convictions to be
predicate violent felonies.” Shields v. United States, 885 F.3d 1020, 1024 (7th Cir. 2018);
see also United States v. Chagoya‐Morales, 859 F.3d 411, 421–22 (7th Cir. 2017) (reviewing
state‐court definition of force in Illinois robbery statute underlying aggravated robbery
and concluding that robbery required “‘force’ … sufficient to constitute a ‘crime of
violence’”).1 Browning does not give us a reason to question that analysis.
Browning does observe that the Supreme Court recently granted certiorari in
United States v. Stokeling, 684 Fed. App’x 870 (11th Cir. 2017), cert. granted sub nom
Stokeling v. United States, No. 17‐5554, 2018 WL 1568030 (Apr. 2, 2018). But the question
presented in that grant of certiorari is whether Florida robbery is a violent felony if an
element of the offense is “overcoming ‘victim resistance’”—an element that the state
1 The Illinois armed‐robbery statute analyzed in Shields has been amended since
Browning was convicted in 1992 and 1994, but those amendments did not change the
language regarding use of force and do not affect our analysis. Compare Shields v.
United States, 885 F.3d 1020, 1023–24 (7th Cir. 2018), with 720 ILCS 5/18‐1, 5/18‐2 (West
1992), and 720 ILCS 5/18‐1 (West 1994).
No. 17‐2514 Page 3
appellate courts have interpreted as requiring “only slight force.” We have concluded
that Illinois state courts, however, interpret robbery and armed robbery as requiring
sufficient force to satisfy Curtis Johnson—that is, more than slight force. See Shields,
885 F.3d at 1024; Chagoya‐Morales, 859 F.3d at 422. The outcome of Stokeling thus is
unlikely to change our interpretation of the Illinois force requirement.
Accordingly, we conclude that Browning is properly designated a career
offender based on his Illinois armed‐robbery convictions and AFFIRM the judgment.