State v. Hamdan, 112 So. 3d 812

Defendant Hamdan was convicted in Louisiana for possession of a firearm by a convicted felon, based on prior heroin and methadone possession convictions in Orleans Parish.
A habitual offender bill under La. R.S. 15:529.1(A) was filed to enhance the sentence based on a prior federal conviction for interstate transportation of stolen property (18 U.S.C. § 2314).
The state contended the federal predicate would analogize to illegal possession of stolen things under Louisiana law (La. R.S. 14:69).
The trial court quashed the habitual offender bill, limiting review to the federal charging document and state statutes, prompting appellate review.
The appellate court upheld the quash, finding potential non-analogous elements and no clear possession requirement in 18 U.S.C. § 2314 to support enhancement.
The Supreme Court granted review to clarify the criteria for using foreign offenses in habitual offender adjudications and whether record-wide information may be used to determine analog status.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the predicate foreign offense must analogize to a Louisiana felony based solely on the charging document.	Hamdan argues no direct Louisiana analog; no possession element required.	State contends an analog exists via the offense’s nature and applicable facts.	No; court requires analysis beyond the charging instrument to determine analog nature.
Whether the court may consider information beyond the charging document to determine if a foreign crime would be a Louisiana felony.	Hamdan urges confines to federal charging instrument.	State argues record evidence shows possession/acts that would be Louisiana felony.	Yes; record-wide information can establish that the foreign crime would be a Louisiana felony.
Whether 18 U.S.C. § 2314’s interstate transportation element can be analogized to La. R.S. 14:69 for habitual offender purposes.	Hamdan contends no direct Louisiana analog due to possession/control issues.	State contends the elements map to possession/ control and satisfy La. R.S. 14:69.	Analogizable; the predicate, viewed through the record, supports possession-based Louisiana conduct.

State v. Vaccaro, 200 La. 475, 8 So.2d 299 (La. 1942) (use of foreign offenses in Louisiana habitual offender determinations)
State v. Carouthers, 618 So.2d 880 (La. 1993) (determine analogous state crime by nature of the act)
State v. Berndt, 416 So.2d 56 (La. 1982) (one-to-one element comparison rejected; consider crime nature)
State v. Ralph, 336 So.2d 836 (La. 1976) (federal conviction can satisfy La. R.S. 15:529.1 when inherently a felony)
State v. Michalowski, 642 So.2d 1305 (La. 1994) (interstate element does not necessarily preclude analogy to Louisiana crime)