UNITED STATES v. VICTOR J. STITT, II
Supreme Court of the United States, Breyer, December 10, 2018,
ACCA – “Burglary” under The Armed Career Criminal Act includes burglary of a vehicle or nonpermanent/mobile structure adapted or customarily used for overnight accomodation.
ACCA – Generic Burglary – “burglary” must include “ordinary,” “run-of-the-mill” burglaries as well as aggravated ones.
ACCA – Generic Burglary – The elements of generic “burglary” are: “an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.”
From the Case: 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.