Leon Robinson, Jr. v. United States
697 F. App'x 486
| 8th Cir. | 2017Background
- In 2009 Leon Robinson Jr. was convicted of being a felon in possession of a firearm and sentenced under the ACCA to a 15-year mandatory minimum based on at least three prior violent-felony convictions.
- Robinson’s prior Arkansas convictions were for residential burglary under Ark. Code Ann. § 5-39-201(a)(1).
- After Johnson v. United States invalidated ACCA’s residual clause, defendants may challenge whether prior convictions match the elements of generic burglary using the categorical approach.
- Arkansas defines “residential occupiable structure” to include vehicles that are inhabited or customarily used for overnight accommodation, raising whether such convictions categorically qualify as generic burglary.
- The district court concluded Arkansas residential burglary qualifies as generic burglary and denied Robinson’s successive § 2255 motion.
- While this appeal was pending, the Eighth Circuit decided in United States v. Sims that Arkansas residential burglary does not categorically qualify as generic burglary; the panel held Sims controlling and reversed the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arkansas residential burglary qualifies as ACCA "generic burglary" | Robinson: Arkansas statute sweeps in vehicles and accommodations not covered by generic burglary, so convictions cannot be ACCA predicates | Gov: Generic burglary should include vehicles adapted or customarily used for overnight accommodation; Arkansas convictions qualify | The panel followed Sims and held Arkansas residential burglary does not categorically qualify as generic burglary |
| Proper approach to determine predicate status | Robinson: Use categorical approach per Taylor/Descamps to compare statutory elements to generic burglary | Gov: Same methodology but urges broader reading of "building or other structure" to include certain vehicles | Court applied categorical approach and relied on controlling circuit precedent (Sims) rejecting gov’s broader reading |
| Precedential effect of recent Eighth Circuit decision | Robinson: Sims controls and requires reversal | Gov: Asked to hold case in abeyance pending potential cert petition in Sims | Court declined abeyance and held Sims controlling; reversed district court |
| Remedy on remand | Robinson: Sentencing relief warranted because ACCA predicate count invalid | Gov: Opposes relief based on its construction | Court reversed denial of § 2255 and remanded for further proceedings consistent with opinion |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (defining generic burglary and endorsing the categorical approach)
- Descamps v. United States, 133 S. Ct. 2276 (categorical approach limits consideration to statutory elements)
- Johnson v. United States, 135 S. Ct. 2551 (invalidating ACCA residual clause)
- United States v. Sims, 854 F.3d 1037 (8th Cir. 2017) (holding Arkansas residential burglary does not qualify as generic burglary under ACCA)