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Statutory Interpretation – Armed Career Criminal Act

By: Derek Hawkins//January 9, 2019//

Statutory Interpretation – Armed Career Criminal Act

By: Derek Hawkins//January 9, 2019//

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United States Supreme Court

Case Name: United States v. Stitt

Case No.: 17-765

Focus: Statutory Interpretation – Armed Career Criminal Act

The Armed Career Criminal Act requires a federal sentencing judge to impose upon certain persons convicted of unlawfully possessing a firearm a 15-year minimum prison term. The judge is to impose that special sentence if the offender also has three prior convictions for certain violent or drug-related crimes. 18 U. S. C. §924(e). Those prior convictions include convictions for “burglary.” §924(e)(2)(B)(ii). And the question here is whether the statutory term “burglary” includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation. We hold that it does.

We reverse the judgment of the Sixth Circuit Court of Appeals. We vacate the judgment of the Eighth Circuit Court of Appeals and remand the case for further proceedings consistent with this opinion.

Vacated in part. Reversed and Remanded in part.

Dissenting:

Concurring:

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.

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