Page:United States v. Victor J. Stitt, II.pdf/1



Respondents Victor J. Stitt and Jason Daniel Sims were each convicted in federal court of unlawfully possessing a firearm, in violation of 18 U. S. C. §922(g)(1). The sentencing judge in each case imposed the mandatory minimum 15-year prison term that the Armed Career Criminal Act requires for §922(g)(1) offenders who have at least three previous convictions for certain “violent” or drug-related felonies, §924(e)(1). The Act defines “violent felony” to mean, among other things, “any crime punishable by imprisonment for a term exceeding one year… that… is burglary.” §924(e)(2)(B). Respondents’ prior convictions were for violations of state burglary statutes–a Tennessee statute in Stitt’s case and an Arkansas statute in Sims’ case–that prohibit burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation. In both cases, the District Courts found that the state statutory crimes fell within the scope of the federal Act’s term “burglary.” The relevant Court of Appeals in each case disagreed, vacated the sentence, and remanded for resentencing.

Held:
 * 1) The term “burglary” in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation. Pp. 4–8.
 * (a) In deciding whether an offense qualifies as a violent felony under the Act, the categorical approach first adopted in Taylor v. United States, 495 U. S. 575, requires courts to evaluate a prior state conviction by reference to the elements of the state offense, rather