United States v. Cartwright
2012 U.S. App. LEXIS 10550
| 10th Cir. | 2012Background
- Cartwright, a felon, was convicted of felon in possession of ammunition; ACCA imposes a 15-year minimum for those with three prior violent felonies.
- PSR classified three Oklahoma burglary convictions as ACCA predicates; Cartwright objected that two did not qualify as 'burglary' under ACCA.
- First issue: whether Wagoner County second-degree burglary (entry by instrument) fits the ACCA's generic burglary definition.
- Court applies Taylor v. United States to adopt a uniform generic burglary standard, including entry by tool or instrument within its scope.
- Second issue: whether Tulsa County second-degree burglary (nolo contendere) can be used as a prior conviction under ACCA via the modified categorical approach.
- Court concludes the charging document and plea records narrow the Tulsa charge to generic burglary, so the nolo plea counts as a predicate; three priors qualify.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Wagoner County second-degree burglary qualify as ACCA burglary? | Cartwright argues it is broader than generic burglary due to tool-entry instruction. | Cartwright contends Taylor requires bodily entry, not tool-based entry. | Wagoner County burglary qualifies as ACCA burglary (tool-entry encompassed). |
| Can Tulsa County nolo contendere burglary be used as an ACCA predicate? | Government may rely on nolo plea as a prior conviction if records show predicate elements. | Nolo plea admits no explicit guilt; cannot establish generic burglary elements on its own. | Yes; Tulsa County nolo plea qualifies as a predicate burglary under ACCA. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (uniform, generic burglary definition for ACCA.)
- James v. United States, 550 U.S. 192 (2007) (burglary risk includes face-to-face confrontation, regardless of entry method.)
- United States v. Lujan, 9 F.3d 890 (10th Cir. 1993) (relevance of charging document and verdict to generic burglary element.)
- United States v. Bennett, 108 F.3d 1315 (10th Cir. 1997) (whether a later-pled lesser offense proves a predicate offense; informs Bennett analysis here.)
- United States v. Ventura-Perez, 666 F.3d 670 (10th Cir. 2012) (proper use of modified categorical approach for ACCA predicate when statute is broader than generic burglary.)
- United States v. Alston, 611 F.3d 219 (4th Cir. 2010) (limits on relying on extrinsic facts for ACCA predicate when not admitted by the defendant.)
- United States v. Savage, 542 F.3d 959 (2d Cir. 2008) (nolo contendere pleas can serve as predicates when the charge is narrowed to a predicate offense.)