NOTICE: This opinion is subject to
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SUPREME COURT OF THE UNITED STATES
_________________
Nos. 17–765 and 17–766
_________________
UNITED STATES, PETITIONER
17–765
v.
VICTOR J. STITT, II
on writ of certiorari to the united states
court of appeals for the sixth circuit
UNITED STATES, PETITIONER
17–766
v.
JASON DANIEL SIMS
on writ of certiorari to the united states
court of appeals for the eighth circuit
[December 10, 2018]
Justice Breyer delivered the opinion of the
Court.
The Armed Career Criminal Act requires a federal
sentencing judge to impose upon certain persons convicted of
unlawfully possessing a firearm a 15-year minimum prison term. The
judge is to impose that special sentence if the offender also has
three prior convictions for certain violent or drug-related crimes.
18 U. S. C. §924(e). Those prior convictions include
convictions for “burglary.” §924(e)(2)(B)(ii). And the question
here is whether the statutory term “burglary” includes burglary of
a structure or vehicle that has been adapted or is customarily used
for overnight accommodation. We hold that it does.
I
The consolidated cases before us involve two
defendants, each of whom was convicted in a federal court of unlaw-
fully 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 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 “bur-
glary” 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).
II
A
The word “burglary,” like the word “crime”
itself, is ambiguous. It might refer to a kind of crime, a generic
crime, as set forth in a statute (“a burglary consists of behavior
that . . . ”), or it might refer to the way in which an
individual offender acted on a particular occasion (“on January 25,
Jones committed a burglary on Oak Street in South San Francisco”).
We have held that the words in the Armed Career Criminal Act do the
first. Accordingly, we have held that the Act requires us to
evaluate a prior state conviction “in terms of how the law defines
the offense and not in terms of how an individual offender might
have committed it on a particular occasion.”
Begay v.
United States, 553 U. S. 137, 141 (2008). A prior state
conviction, we have said, does not qualify as generic burglary
under the Act where “the elements of [the relevant state statute]
are broader than those of generic burglary.”
Mathis v.
United States, 579 U. S. ___, ___ (2016) (slip op., at
19). The case in which we first adopted this “categorical approach”
is
Taylor v.
United States, 495 U. S. 575
(1990). That case, which specifically considered the statutory term
“burglary,” governs here and determines the outcome.
In
Taylor, we did more than hold that the
word “bur- glary” refers to a kind of generic crime rather than to
the defendant’s behavior on a particular occasion. We also
explained, after examining the Act’s history and purpose, that
Congress intended a “uniform definition of burglary [to] be applied
to all cases in which the Government seeks” an enhanced sentence
under the Act.
Id., at 580–592. We held that this uniform
definition includes “at least the ‘classic’ common-law definition,”
namely, breaking and entering a dwelling at night with intent to
commit a fel- ony.
Id., at 593. But we added that it must
include more. The classic definition, by excluding all places other
than dwellings, we said, has “little relevance to modern law
enforcement concerns.”
Ibid. Perhaps for that reason, by the
time the Act was passed in 1986, most States had expanded the
meaning of burglary to include “structures other than dwellings.”
Ibid. (citing W. LaFave & A. Scott, Substantive Criminal
Law §§8.13(a)–(f) (1986)).
In addition, the statute’s purpose, revealed by
its language, ruled out limiting the scope of “burglary” to
especially serious burglaries,
e.g., those having elements
that created a particularly serious risk of physical harm. If that
had been Congress’s intent, adding the word “bur- glary” would have
been unnecessary, since the (now-invalid) residual clause “already
include[d]
any crime that ‘involves conduct that presents a
serious potential risk of physical injury to another.’ ”
Taylor, 495 U. S., at 597 (quoting 18
U. S. C. §924(e)(2)(B)(ii)); see
Johnson v.
United States, 576 U. S. ___, ___–___ (2015) (slip
op., at 5–10) (holding residual clause unconstitutionally vague).
We concluded that the Act’s term “burglary” must include
“ordinary,” “run-of-the-mill” burglaries as well as aggravated
ones.
Taylor, 495 U. S., at 597. And we defined the
elements of generic “burglary” as “an unlawful or unprivileged
entry into, or remaining in, a building or other structure, with
intent to commit a crime.”
Id., at 598.
B
The relevant language of the Tennessee and
Arkansas statutes falls within the scope of generic burglary’s
definition as set forth in
Taylor. For one thing, we made
clear in
Taylor that Congress intended the definition of
“bur- glary” to reflect “the generic sense in which the term [was]
used in the criminal codes of most States” at the time the Act was
passed.
Ibid. In 1986, a majority of state bur- glary
statutes covered vehicles adapted or customarily used for
lodging—either explicitly or by defining “building” or “structure”
to include those vehicles. See,
e.g., N. H. Rev. Stat.
Ann. §635:1 (1974) (prohibiting burglary of an “[o]ccupied
structure,” defined to include “any structure, vehicle, boat or
place adapted for overnight accommodation of persons”); Ore. Rev.
Stat. §§164.205, 164.215, 164.225 (1985) (prohibiting burglary of a
“building,” defined to include “any booth, vehicle, boat, aircraft
or other structure adapted for overnight accommodation of
persons”); see also ALI, Model Penal Code §§220.0(1), 221.1(1)
(1980) (defining “ ‘occupied structure’ ” for purposes of
burglary as “any structure, vehicle or place adapted for overnight
accommodation of persons, or for carrying on business therein,
whether or not a person is actually present”); Appendix,
infra (collecting burglary statutes from 1986 or earlier
that covered either vehicles adapted or customarily used for
overnight accommodation or a broader class of vehicles).
For another thing, Congress, as we said in
Taylor, viewed burglary as an inherently dangerous crime
because burglary “creates the possibility of a violent
confrontation between the offender and an occupant, caretaker, or
some other person who comes to investigate.” 495 U. S., at
588; see also
James v.
United States, 550 U. S.
192, 203 (2007). An offender who breaks into a mobile home, an RV,
a camping tent, a vehicle, or another structure that is adapted for
or customarily used for lodging runs a similar or greater risk of
violent confrontation. See
Spring, 80 F. 3d, at 1462
(noting the greater risk of confrontation in a mobile home or
camper, where “it is more difficult for the burglar to enter or
escape unnoticed”).
Although, as respondents point out, the risk of
violence is diminished if, for example, a vehicle is only used for
lodging part of the time, we have no reason to believe that
Congress intended to make a part-time/full-time distinction. After
all, a burglary is no less a burglary because it took place at a
summer home during the winter, or a commercial building during a
holiday. Cf. Model Penal Code §221.1, Comment 3(b), p. 72 (burglary
should cover places with the “apparent potential for regular
occupancy”).
Respondents make several additional arguments.
Respondent Stitt argues that the Tennessee statute is too broad
even under the Government’s definition of generic burglary. That is
so, Stitt contends, because the statute covers the burglary of a
“structure appurtenant to or connected with” a covered structure or
vehicle, a provision that Stitt reads to include the burglary of
even ordinary vehicles that are plugged in or otherwise appurtenant
to covered structures. Tenn. Code Ann. §39–14–401(1)(C). Stitt’s
interpretation, however, ignores that the “appurtenant to”
provision extends only to “structure[s],” not to the separate
statutory term “vehicle[s].”
Ibid. We therefore disagree
with Stitt’s argument that the “appurtenant to” provision sweeps
more broadly than generic burglary, as defined in
Taylor,
495 U. S., at 598.
Respondents also point out that in
Taylor,
Mathis, and other cases, we said that
burglary of certain nontypical structures and vehicles fell outside
the scope of the federal Act’s statutory word “burglary.” See,
e.g.,
Taylor, 495 U. S., at 599 (noting that
some States “define burglary more broadly” than generic burglary
by, for example, “including places, such as automobiles and vending
machines, other than buildings”). And they argue that the vehicles
covered here are analogous to the nontypical structures and
vehicles to which the Court referred in those cases. Our
examination of those cases, however, convinces us that we did not
decide in either case the question now before us.
In
Taylor, for example, we referred to a
Missouri breaking and entering statute that among other things
criminalized breaking and entering “
any boat or vessel, or
railroad car.”
Ibid. (citing Mo. Rev. Stat. §560.070 (1969);
emphasis added). We did say that that particular provision was
beyond the scope of the federal Act. But the statute used the word
“any”; it referred to ordinary boats and vessels often at sea (and
railroad cars often filled with cargo, not people), nowhere
restricting its coverage, as here, to vehicles or structures
customarily used or adapted for overnight accommodation. The
statutes before us, by using these latter words, more clearly focus
upon circumstances where burglary is likely to present a serious
risk of violence.
In
Mathis, we considered an Iowa statute
that covered “any building, structure, . . . land, water
or air vehicle, or similar place adapted for overnight
accommodation of persons [or used] for the storage or safekeeping
of anything of value.” Iowa Code §702.12 (2013). Courts have
construed that statute to cover ordinary vehicles because they can
be used for storage or safekeeping. See
State v.
Buss, 325 N. W. 2d 384 (Iowa 1982);
Weaver v.
Iowa, 949 F. 2d 1049 (CA8 1991). That is presumably
why, as we wrote in our opinion, “all parties agree[d]” that Iowa’s
burglary statute “covers more conduct than generic burglary does.”
Mathis, 579 U. S., at ___ (slip op., at 5). The
question before us was whether federal generic “burglary” includes
within its scope a burglary statute that lists multiple,
alternative means of satisfying one element, some of which fall
within
Taylor’s generic definition and some of which fall
outside it. We held, in light of the parties’ agreement that the
Iowa statute covered some “outside” behavior (
i.e., ordinary
vehicles), that the statute did not count as a generic burglary
statute. But for present purposes, what matters is that the Court
in
Mathis did not decide the question now before us—that is,
whether coverage of vehicles designed or adapted for overnight use
takes the statute outside the generic burglary definition. We now
decide that latter question, and, for the reasons we have stated,
we hold that it does not.
III
Respondent Sims argues that Arkansas’
residential burglary statute is too broad to count as generic
burglary for a different reason, namely, because it also covers
burglary of “a vehicle . . . [i]n which any person
lives.” See
supra, at 3. Sims adds that these words might
cover a car in which a homeless person occasionally sleeps. Sims’
argument rests in part upon state law, and the lower courts have
not considered it. As “we are a court of review, not of first
view,”
Cutter v.
Wilkinson, 544 U. S. 709, 718,
n. 7 (2005), we remand the Arkansas case to the lower courts
for further proceedings. Those courts remain free to determine
whether Sims properly presented the argument and to decide the
merits, if appropriate.
We reverse the judgment of the Sixth Circuit
Court of Appeals. We vacate the judgment of the Eighth Circuit
Court of Appeals and remand the case for further proceedings
consistent with this opinion.
It is so ordered.
APPENDIX
Alaska Stat. §§11.46.300, 11.46.310,
11.81.900(b)(3) (1989) (effective 1978); Ariz. Rev. Stat. Ann.
§§13–1501(7)–(8), 13–1507, 13–1508 (1978); Ark. Code Ann.
§§41–2001(1), 41–2002 (Michie 1977); Cal. Penal Code Ann. §§459,
460 (West 1970); Colo. Rev. Stat. §§18–4–101(1)–(2), 18–4–202,
18–4–203 (1978); Conn. Gen. Stat. Ann. §§53a–100(a), 53a–101,
53a–103 (1985 Cum. Supp.); Del. Code Ann., Tit. 11, §§222(1), 824,
825 (1979); Fla. Stat. Ann. §§810.011(2), 810.02 (1976); Ga. Code
Ann. §16–7–1(a) (1984); Idaho Code Ann. §18–1401 (1979); Ill. Comp.
Stat., ch. 38, §19–1 (West 1985); Iowa Code §§702.12, 713.1 (1985);
Kan. Stat. Ann. §§21–3715, 21–3716 (1988) (effective 1970); La.
Rev. Stat. Ann. §14:62 (West 1974 Cum. Supp.); Me. Rev. Stat. Ann.,
Tit. 17–A, §§2(10), 2(24), 401 (1983); Mass. Gen. Laws Ann., ch.
266, §16A (West 1970); Mont. Code Ann. §§45–2–101(40), 45–6–204
(1983); Nev. Rev. Stat. Ann. §205.060 (1986); N. H. Rev. Stat. Ann.
§635:1 (1974); N. J. Stat. Ann. §§2C:18–1, 2C:18–2 (West 1982); N.
M. Stat. Ann. §§30–16–3, 30–16–4 (2018) (effective 1978); Ohio Rev.
Code Ann. §§2909.01, 2911.11, 2911.12 (Lexis 1982); Okla. Stat.,
Tit. 21, §1435 (1983); Ore. Rev. Stat. §§164.205, 164.215, 164.225
(1985); Pa. Stat. Ann. Tit. 18, §§3501, 3502 (Purdon 1973);
S. D. Codified Laws §§22–1–2(49), 22–32–1, 22–32–3, 22–32–8
(1988) (effective 1976); Tenn. Code Ann. §39–3–406 (1982); Tex.
Penal Code Ann. §§30.01, 30.02 (West 1989) (effective 1974); Utah
Code Ann. §§76–6–201(1), 76–6–202 (1978); W. Va. Code Ann. §61–3–11
(Lexis 1984); Wisc. Stat. Ann. §943.10(1) (West 1982).
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