Seventh Circuit: USA v. Arthur Robinson

 Since the state statute prohibiting the discharge of a firearm towards persons, occupied structures, and occupied vehicles requires a higher mens rea than recklessness, its status as a sentencing predicate wasn't changed by a Supreme Court holding that recklessness was an insufficient basis for a conviction involving the threatened or actual use of force against another person.

Issue was forfeited, not waived, when not raised on first appeal.

USA v.   Arthur Robinson