963 F.3d 379
4th Cir.2020Background
- Defendant Frank Dodge pleaded guilty to possession of a firearm by a felon (18 U.S.C. § 922(g)).
- Presentence report listed seven prior North Carolina breaking-and-entering convictions (N.C. Gen. Stat. § 14-54), which triggered the ACCA enhancement (three violent-felony predicates) on its face.
- Dodge argued § 14-54 is broader than generic burglary because North Carolina defines “building” to include structures designed to house or secure property, and thus his convictions should not qualify under ACCA.
- The district court felt bound by Fourth Circuit precedent (United States v. Mungro) and applied ACCA, but granted a government motion for a downward departure and sentenced Dodge to 88 months; Dodge appealed only the ACCA application.
- The Fourth Circuit panel declined to overrule Mungro, concluded that intervening Supreme Court decisions (Mathis, Stitt) did not supersede Mungro’s holding, and affirmed the district court.
Issues
| Issue | Dodge's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether N.C. Gen. Stat. § 14-54 (breaking and entering) qualifies as "burglary" under ACCA | § 14-54 is broader than generic burglary because its definition of "building" includes structures that house or secure property, sweeping beyond locations that give rise to the burglary-related risk of violent confrontation | Fourth Circuit precedent (Mungro) holds § 14-54 matches generic burglary; Mathis and Stitt do not overrule Mungro here | Affirmed: § 14-54 counts as a burglary predicate under ACCA; Mungro remains controlling |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (defines generic burglary for ACCA)
- Descamps v. United States, 570 U.S. 254 (describes the categorical approach for predicate-offense analysis)
- Mathis v. United States, 136 S. Ct. 2243 (statute covering vehicles can be broader than generic burglary)
- United States v. Stitt, 139 S. Ct. 399 (burglary of vehicles can qualify only if vehicle is adapted or customarily used for overnight accommodation)
- United States v. Mungro, 754 F.3d 267 (4th Cir. 2014) (held N.C. § 14-54 does not sweep beyond generic burglary)
- United States v. Prince-Oyibo, 320 F.3d 494 (panel precedent binds subsequent panels absent en banc or Supreme Court superseding decision)