UNITED STATES of America, Plaintiff-Appellee, v. Lawrence W. BENSON, Defendant-Appellant, 331 F. App'x 422

ORDER The district court sentenced Lawrence Benson under the Armed Career Criminal Act, 18 U.S.C. § 924(e); one of the three crimes that predicated the enhancement was a 1984 juvenile adjudication for injury by negligent use of a dangerous weapon. On remand from the Supreme Court, the government concedes that, under Begay v. United States, — U.S. -, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), and United States v. Smith, 544 F.3d 781, 786 (7th Cir.2008), a crime requiring the mental state of negligence is not a “violent felony” under the Act. Our independent analysis confirms this assessment. We therefore Vacate the sentence and Remand for further proceedings in light of Begay.