978 F.3d 502
7th Cir.2020Background:
- Jeremy Glispie convicted under 18 U.S.C. § 922(g) for being a felon in possession of a firearm.
- District court treated his prior Illinois residential burglary convictions as ACCA predicates and imposed the 15‑year mandatory minimum under 18 U.S.C. § 924(e).
- Glispie appealed, arguing Illinois’ residential burglary statute is broader than the ACCA’s definition of “generic burglary” because Illinois applies the limited‑authority doctrine and does not require an unlawful/unauthorized entry separate from the intent element.
- The Seventh Circuit certified to the Illinois Supreme Court whether the limited‑authority doctrine applies to 720 ILCS 5/19‑3 (residential burglary).
- The Illinois Supreme Court answered that the limited‑authority doctrine does apply to residential burglary by entry.
- Based on that holding, the Seventh Circuit concluded Illinois residential burglary by entry is broader than federal generic burglary; Glispie’s prior convictions cannot serve as ACCA predicates, so his sentence was vacated and the case remanded for resentencing without the ACCA enhancement.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Illinois residential burglary qualifies as ACCA "generic burglary" | Glispie: Illinois law (with limited‑authority) is broader and lacks a separate unlawful/unauthorized‑entry requirement | Gov't: Illinois burglary matches the federal generic definition and supports ACCA enhancement | Held: It does not qualify; convictions cannot be ACCA predicates |
| Whether the limited‑authority doctrine applies to 720 ILCS 5/19‑3 | Glispie: Yes, the doctrine applies to residential burglary by entry | Gov't: The doctrine does not broaden the statute for ACCA purposes | Held: Illinois Supreme Court (and the Seventh Circuit adopting that answer) held the doctrine applies to residential burglary by entry |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (definition of "generic burglary" for ACCA)
- Descamps v. United States, 570 U.S. 254 (entry must be unlawful to qualify as generic burglary)
- United States v. Glispie, 943 F.3d 358 (7th Cir. 2019) (court's prior discussion of generic‑burglary elements)