Archive | burglary

Tuesday, December 18th, 2018

Supreme Court Decides Stitt

Last week, the Supreme Court held in United States v.  Stitt, Nos. 17-765 & 17-766, that the Armed Career Criminal Act’s (ACCA’s) definition of “violent felony” covers burglary statutes that criminalize unlawful entry into vehicles adapted or customarily used for overnight accommodation. As explained below, the decision does not appear to have any bearing on whether the ACCA covers New York’s third-degree burglary statute, N.Y. Penal Code § 140.20.

The enumerated clause of the ACCA identifies “burglary” as a violent felony. 18 U.S.C. § 924(e)(1)(ii). In Taylor v. United States, 495 U.S. 575 (1990), the Supreme Court adopted the categorical approach to analyzing the ACCA and, in doing so, held that Congress “intended a uniform definition of burglary [to] be applied” to cases involving that predicate offense. Id. at  580. This uniform definition of burglary, the Court held in Taylor, covers unlawful entry into “a building or other …


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Categories: ACCA, burglary, career offender, crime of violence

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Friday, October 12th, 2018

ACCA Oral Arguments in Stokeling & Stitt (and FDNY nondelegation argument in Gundy!)

This week the Supreme Court heard oral arguments in two cases addressing whether specific state offenses are violent felonies within the meaning of the Armed Career Criminal Act (ACCA): Stokeling v. United States (Florida robbery statute that punishes takings by slight force), and United States v. Stitt (state burglary statutes that punish vehicle break-ins). The statutes at issue are similar to the New York robbery and burglary statutes in their scope.

For a detailed analysis of the arguments in these cases, see Rory Little’s analysis at SCOTUSBlog.

The transcript in Stokeling is available here.

The transcript in Stitt, which featured a masterful oral argument by Jeffrey Fisher, is available here.

Speaking of masterful, the FDNY’s Sarah Baumgartel recently argued before the Supreme Court in United States v. Gundy on the question of whether SORNA’s delegation of authority to the Attorney General under 42 U.S.C. § 16913 …


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Categories: ACCA, burglary, categorical approach, robbery, Sex offender registration

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