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