United States v. Sims

Whether the generic definition of “burglary” under the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e)(2)(B)(ii) includes the burglary of nonpermanent structures or vehicles in which have been adapted for overnight use.

Respondent pleaded guilty to unlawfully possessing a firearm after a previous felony conviction. The District Court applied an enhanced sentence under the Armed Career Criminals Act, which operates when felons guilty of possessing a firearm also have at least three prior convictions for either a violent felony or a serious drug offense. The Court of Appeals for the Eight Circuit vacated Respondent’s sentence, determining that two of Respondent’s prior burglary convictions did not qualify as “violent felonies.” On appeal to the Supreme Court, the Government states in its brief that under ACCA, a “violent felony” includes burglary that is punishable by more than one year, referencing the Court’s definition of “burglary” in Taylor v. United States, 495 U.S. 575, 598-99 (1990). The Government argues that under Taylor, the Courtconstrues “burglary” generically as “unlawful or unprivileged entry into, or remaining in, a building or structure with intent to commit a crime.” Additionally, the Government’s states in its petition that the Respondent’s crime reflects conduct that qualifies as the “generic” form of burglary, and that as such, the prior offenses categorically qualify as a predicate conviction under the ACCA. The Supreme Court granted Certiorari to resolve whether burglary of a nonpermanent or mobile structure that is adapted or used for overnight accommodation can qualify as “burglary” under the ACCA.