United States v. Jason Sims
2017 U.S. App. LEXIS 7414
| 8th Cir. | 2017Background
- Defendant Jason Daniel Sims pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The Pre-Sentence Report found Sims had two prior serious-drug convictions and two Arkansas residential burglary convictions, and treated all four as ACCA predicates, triggering a 15-year mandatory minimum under 18 U.S.C. § 924(e).
- Sims conceded the drug convictions but argued the Arkansas residential burglary convictions do not qualify as ACCA "violent felonies" because the statute criminalizes conduct broader than "generic burglary."
- Arkansas residential burglary applies to entry into a "residential occupiable structure," defined to include vehicles in which a person lives or vehicles customarily used for overnight accommodation.
- Applying the categorical approach (look only to the statute and fact of conviction), the Eighth Circuit held that its prior decision in United States v. Lamb treats burglary statutes that reach motor homes/vehicles as categorically broader than generic burglary.
- Holding: Arkansas residential burglary is broader than generic burglary; Sims’s burglary convictions are not ACCA predicates, so his sentence was vacated and the case remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arkansas residential burglary categorically qualifies as "generic burglary" under the ACCA | Arkansas statute is overbroad because it covers burglary of vehicles used for habitation, which are outside generic burglary | Government: statute limits vehicles to those lived in or used for overnight accommodation, so it is no broader than generic burglary | The statute is categorically broader than generic burglary; convictions do not qualify as ACCA predicates |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (defines "generic burglary" for ACCA)
- Shepard v. United States, 544 U.S. 13 (burglary qualifies under ACCA only when in a building or enclosed space)
- Mathis v. United States, 136 S. Ct. 2243 (discusses elements vs. means and that statutes reaching vehicles can be overbroad)
- Descamps v. United States, 133 S. Ct. 2276 (categorical approach requires comparing statutory elements to the generic offense)
- United States v. Lamb, 847 F.3d 928 (8th Cir.) (statute covering motor homes/vehicles is categorically broader than generic burglary)