Statutory Interpretation

By: Derek Hawkins//March 12, 2018//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Dennis Franklin, et al.

Case No.: 16-1580; 16-1872

Officials: POSNER, KANNE, and HAMILTON, Circuit Judges.

Focus: Statutory Interpretation

These consolidated appeals represent another application of the “categorical approach” for applying recidivist statutes. The specific question in these appeals is whether convictions under a portion of the Wisconsin burglary statute, Wis. Stat. § 943.10(1m)(a), qualify as convictions for violent felonies under the federal Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e)(1). The outcome of these appeals depends on whether the Wisconsin statute is “divisible” or not, which depends in turn on the sometimes slippery distinction between a crime’s “elements” and “means.” In short, if the burglary statute is divisible, then we must affirm; if it is not divisible, we must reverse. We find that the statute is divisible, so we affirm.

Decision

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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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