929 F.3d 791
6th Cir.2019Background
- Brumbach pleaded guilty in 2011 to being a felon in possession of a firearm under a Rule 11(c)(1)(C) agreement, admitting he had at least three prior violent-felony convictions and agreeing to a 180‑month mandatory sentence under the ACCA.
- His Presentence Report listed twelve Tennessee aggravated‑burglary convictions as ACCA predicates; the district court adopted the plea and imposed the 180‑month sentence.
- After Johnson invalidated the ACCA residual clause, Brumbach filed a timely § 2255 petition arguing his Tennessee aggravated‑burglary convictions no longer qualified as ACCA violent felonies.
- The district court stayed the petition pending this court’s en banc decision in Stitt I, which held Tennessee aggravated burglary is not generic burglary; applying Stitt I the district court resentenced Brumbach to time served.
- The Supreme Court reversed Stitt I in Stitt II, holding Tennessee aggravated burglary falls within the generic burglary definition, prompting the government to appeal the district court’s grant of § 2255 relief.
- This panel reverses the district court, holding Stitt II reinstates prior circuit precedent (Nance) and directs reinstatement of Brumbach’s original 180‑month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tennessee aggravated burglary qualifies as an ACCA "violent felony" | Brumbach: Tennessee statute is broader than generic burglary (e.g., covers mobile structures; may treat attempts as entries), so convictions are not ACCA predicates | Government: After Stitt II, Tennessee aggravated burglary fits generic burglary; prior circuit precedent (Nance) controls, so convictions are ACCA predicates | Reversed district court; Tennessee aggravated burglary qualifies as generic burglary for ACCA purposes per Stitt II and controlling circuit precedent; original sentence reinstated |
Key Cases Cited
- United States v. Stitt, 860 F.3d 854 (6th Cir. 2017) (en banc) (held Tennessee aggravated burglary not generic burglary)
- United States v. Stitt, 139 S. Ct. 399 (2018) (reversed the Sixth Circuit and held Tennessee aggravated burglary falls within generic burglary)
- United States v. Nance, 481 F.3d 882 (6th Cir. 2007) (held Tennessee aggravated burglary is generic burglary for ACCA)
- Descamps v. United States, 570 U.S. 254 (2013) (adopted the categorical approach for comparing statutory elements to generic offenses)
- Taylor v. United States, 495 U.S. 575 (1990) (defined generic burglary)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (invalidated the ACCA residual clause)