United States v. Stitt and United States v. Sims - Post-Decision

On December 10, 2018, the Supreme Court decided the consolidated cases United States v. Stitt and United States v. Sims, both concerning the federal Armed Career Criminal Act (ACCA).

ACCA imposes a 15-year mandatory minimum prison sentence on any federal firearms offender who has three or more convictions for a “violent” felony or serious drug offense.  “Burglary” qualifies as a violent felony under ACCA, but the statute applies a “generic” understanding of burglary that may be narrower than some state burglary offenses.  A prior state conviction does not qualify as burglary under ACCA if the elements of the state statute are broader than those of generic burglary, namely: an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.

Here, both defendants persuaded federal courts of appeals--the Sixth Circuit for Stitt and the Eighth Circuit for Sims--that their sentences were improperly enhanced because predicate burglary convictions under the laws of Tennessee and Arkansas, respectively, involved elements categorically broader than the generic burglary encompassed by ACCA. The Supreme Court consolidated the cases and granted certiorari to consider whether burglary of a nonpermanent or mobile structure that is adapted or used for overnight accommodation can qualify as “burglary” for purposes of ACCA.

The Supreme Court unanimously reversed the judgment of the Sixth Circuit in Stitt and vacated the judgment of the Eighth Circuit in Sims, remanding that case for additional proceedings relating to the breadth of Arkansas’ burglary statute.  In an opinion delivered by Justice Breyer, the Court held that the term “burglary” in ACCA includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.

To the discuss the case, we have Robert Leider, Associate Professor of Law at George Mason University Antonin Scalia Law School.