United States v. John Foster
877 F.3d 343
| 7th Cir. | 2017Background
- John Foster pleaded guilty to possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) and was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), to a 15-year mandatory minimum.
- The ACCA sentencing enhancement requires three prior convictions for a "violent felony" or "serious drug offense." Foster conceded two qualifying priors: a methamphetamine dealing conviction (serious drug offense) and an Indiana robbery conviction (violent felony).
- Foster disputed whether his third prior—Indiana Class B burglary of a dwelling (1988)—qualified as a "violent felony" under ACCA.
- "Burglary" in ACCA refers to "generic burglary" (Taylor v. United States): unlawful entry or remaining in a building/structure with intent to commit a crime; categorical approach compares statutory elements to generic burglary.
- Indiana in 1988 had three burglary classes: Class C (broadest: breaking and entering a building or structure with intent to commit a felony), Class B (Class C elements plus either while armed or when the building is a dwelling), and Class A (adds bodily injury).
- The Seventh Circuit held in United States v. Perry that Indiana Class C burglary matches or is narrower than generic burglary; the court here applied Perry to conclude Class B (a narrower offense) also qualifies as a violent felony, rejecting Foster’s argument about the breadth of Indiana’s definition of "dwelling."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Indiana Class B burglary of a dwelling is a "violent felony" under ACCA | Foster: Indiana's definition of "dwelling" is broader than generic "building or structure," so Class B burglary may cover conduct outside generic burglary and thus is not a categorical match | Government: Class B burglary is a narrower subset of Class C burglary (already held to match generic burglary), requiring a building/structure that is also a dwelling, so it fits within generic burglary | Class B burglary is a violent felony under ACCA; the enhancement was proper |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (defines "generic burglary" and sets categorical approach)
- Mathis v. United States, 136 S. Ct. 2243 (categorical method: compare statutory elements, not underlying facts)
- United States v. Perry, 862 F.3d 620 (7th Cir. 2017) (held Indiana Class C burglary qualifies as generic burglary)
- United States v. Duncan, 833 F.3d 751 (7th Cir. 2016) (prior Seventh Circuit decision treating Indiana robbery as a violent felony)