Page:United States v. Victor J. Stitt, II.pdf/5

Rh firearms offender, Jason Daniel Sims, were for violations of an Arkansas statute that prohibits burglary of a “residential occupiable structure.” Ark. Code Ann. §5–39–201(a)(1) (Michie 1997). The statute defines “[r]esidential occupiable structure” to include: "“a vehicle, building, or other structure: “(A) [w]here any person lives; or “(B) [w]hich is customarily used for overnight accommodation of persons whether or not a person is actually present.” §5–39–101(1) (emphasis added)."

In both cases, the District Courts found that the state statutory crimes fell within the scope of the word “burglary” in the Armed Career Criminal Act and consequently imposed that statute’s mandatory sentence enhancement. In both cases, the relevant Federal Court of Appeals held that the statutory crimes did not fall within the scope of the word “burglary,” vacated the sentence, and remanded for resentencing. See 860 F. 3d 854 (CA6 2017) (en banc) (reversing panel decision to the contrary); 854 F. 3d 1037 (CA8 2017).

The Government asked us to grant certiorari to consider the question “[w]hether burglary of a nonpermanent or mobile structure that is adapted or used for overnight accommodation can qualify as ‘burglary’ under the Armed Career Criminal Act.” Pet. for Cert. in No. 17–765, p. i; Pet. for Cert. in No. 17–766, p. i. And, in light of uncertainty about the scope of the term “burglary” in the lower courts, we granted the Government’s request. Compare 860 F. 3d, at 862–863; 854 F. 3d, at 1040; United States v. White, 836 F. 3d 437, 446 (CA4 2016); United States v. Grisel, 488 F. 3d 844 (CA9 2007) (en banc), with Smith v. United States, 877 F. 3d 720, 724 (CA7 2017), cert. pending, No. 17–7517; United States v. Spring, 80 F. 3d 1450, 1462 (CA10 1996).