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Statutory Interpretation

By: Derek Hawkins//December 19, 2017//

Statutory Interpretation

By: Derek Hawkins//December 19, 2017//

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7th Circuit Court of Appeals

Case Name: Michael Smith, et al. v. United States of America, et al.

Case No.: 17-1730; 17-2090

Officials: BAUER, EASTERBROOK, and SYKES, Circuit Judges

Focus: Statutory Interpretation

These appeals, which we have consolidated for decision, present the question whether a conviction for residential burglary in Illinois under 720 ILCS 5/19-3 (1982) counts as “burglary” for the purpose of the Armed Career Criminal Act, 18 U.S.C. §924(e). Taylor v. United States, 495 U.S. 575 (1990), holds that a state’s label is not dispositive and that a conviction counts only if the offense meets a federal definition of “generic burglary”. We held in United States v. Haney, 840 F.3d 472 (7th Cir. 2016), that the pre-1982 version of Illinois law covering ordinary burglary did not satisfy the federal definition. Michael Smith and Michael Khoury (collectively “defendants”) ask us to hold the same about the residential-burglary statute under which they were convicted.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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