27 F.4th 130
1st Cir.2022Background:
- April 9, 2016: Bowers was involved in an altercation at a friend’s garage during which he reached for a pistol; police and medical attention followed. No state charges arose from that incident.
- November 2016: A federal grand jury indicted Bowers for violating 18 U.S.C. § 922(g)(1) (felon in possession) and alleged ACCA status based on multiple prior convictions.
- Bowers pleaded guilty to § 922(g)(1); ACCA applicability (18 U.S.C. § 924(e)(1)) was reserved for sentencing.
- The district court held that four prior Maine burglary convictions qualified as ACCA predicates and sentenced Bowers to the 15-year mandatory minimum (180 months).
- On appeal Bowers challenged (1) whether Maine’s burglary statute counts as "generic burglary" after Mathis, and (2) whether the court should have used the modified categorical approach to consider facts (e.g., mobile trailers) underlying his prior convictions.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Maine burglary convictions qualify as ACCA "generic burglary" predicates | Government: Duquette controls; Maine statute matches Taylor's generic burglary elements | Bowers: Mathis undermines Duquette because Maine's statute includes certain vehicles (e.g., mobile trailers) and is broader | Affirmed: Duquette stands; Mathis does not overrule it; Stitt supports inclusion of vehicles adapted for lodging within generic burglary; ACCA applies |
| Whether the modified categorical approach may be used to consider facts of prior convictions (mobile trailers) | Government: Maine statute is not divisible; categorical approach applies; court may not review underlying facts | Bowers: District court could/should examine underlying records to exclude convictions involving non-generic structures | Held: Categorical approach governs here (per Duquette); modified categorical approach not available; district court correctly applied ACCA |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (establishes ACCA's "generic burglary" definition and favors categorical approach)
- Mathis v. United States, 136 S. Ct. 2243 (2016) (limits modified categorical approach for statutes that are divisible; compares means vs. elements)
- United States v. Stitt, 139 S. Ct. 399 (2018) (clarifies that vehicles adapted for overnight lodging can fall within generic burglary)
- United States v. Duquette, 778 F.3d 314 (1st Cir. 2015) (held Maine burglary statute equals generic burglary for ACCA purposes)
- United States v. Pakala, 568 F.3d 47 (1st Cir. 2009) (standard of review for predicate-offense determinations)