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16-1580 - USA v. Dennis Franklin


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16-1580 - USA v. Dennis Franklin
February 26, 2018
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Filed opinion of the court by Judge Hamilton. AFFIRMED. Richard A. Posner, Circuit Judge; Michael S. Kanne, Circuit Judge and David F. Hamilton, Circuit Judge. [6906461-1] [6906461] [16-1580, 16-1872]--[Edited 07/17/2018 by MM--VACATED per the court's 07/17/2018 opinion.]
July 17, 2018
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Filed opinion of the court PER CURIAM. The defendant‐appellants’ petition for panel rehearing is GRANTED, and the opinion and judgment issued 02/26/2018, are VACATED. Pursuant to Circuit Rule 52 and Wis. Stat. § 821.01, we request that the Wisconsin Supreme Court answer a question of Wisconsin law that should control our decision in these appeals of federal sentences under the Armed Career Criminal Act, 18 U.S.C. § 924(e). See generally 884 F.3d 331 (7th Cir. 2018) (panel opinion). We invite the Wisconsin Supreme Court to revise the question if it judges that to be appropriate. The facts of these two federal cases are set forth in our panel opinion, 884 F.3d 331 (7th Cir. 2018), and in the district court’s sentencing transcripts. We also submit to the Wisconsin Supreme Court the briefs and records in both of these appeals. While we await a response from the Wisconsin Supreme Court, we will keep these appeals pending in our court, subject to the pending petition for rehearing en banc. Circuit Judge Posner heard argument but retired on 09/02/2017, and did not participate in the decision of this case. A quorum of the panel continues to hear and decide the case under 28 U.S.C. § 46(d). Michael S. Kanne, Circuit Judge and David F. Hamilton, Circuit Judge. [6938847-1] [6938847] [16-1580, 16-1872]