Page:United States v. Victor J. Stitt, II.pdf/4

2 each of whom was convicted in a federal court of unlawfully possessing a firearm in violation of §922(g)(1). The maximum punishment for this offense is typically 10 years in prison. §924(a)(2). Each offender, however, had prior state burglary convictions sufficient, at least potentially, to require the sentencing judge to impose a mandatory 15-year minimum prison term under the Armed Career Criminal Act. That Act, as we have just said, requires an enhanced sentence for offenders who have at least three previous convictions for certain “violent” or drug-related felonies. §924(e)(1). Those prior felonies include “any crime” that is “punishable by imprisonment for a term exceeding one year” and that also "“(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or

“(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” §924(e)(2)(B) (emphasis added)."

The question here concerns the scope of the statutory word “burglary.”

The relevant prior convictions of one of the unlawful firearms offenders, Victor J. Stitt, were for violations of a Tennessee statute that defines “[a]ggravated burglary” as “burglary of a habitation.” Tenn. Code Ann. §39–14–403(a) (1997). It further defines “[h]abitation” to include: (1) “any structure, including… mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons,” and (2) any “self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant.” §§39–14–401(1)(A), (B) (emphasis added).

The relevant prior convictions of the other unlawful