United States v. Trevon Sykes
2016 U.S. App. LEXIS 22877
| 8th Cir. | 2016Background
- Sykes, a convicted felon, sold multiple firearms to undercover ATF agents in 2013 and pled guilty to violating 18 U.S.C. § 922(g)(1).
- The PSR identified multiple prior Missouri felony convictions from 2010, including two second-degree burglary convictions (of buildings) and other felonies, which the government treated as ACCA predicates.
- Because Sykes had three violent-felony convictions (and a serious drug offense), the PSR classified him as an Armed Career Criminal, triggering a mandatory minimum 15-year sentence under the ACCA, 18 U.S.C. § 924(e).
- Sykes objected: (1) Missouri second-degree burglary is overbroad and his burglaries of unoccupied commercial buildings are nonviolent and thus not ACCA predicates; and (2) using juvenile-era convictions for ACCA enhancement violates the Eighth Amendment.
- The district court and the Eighth Circuit panel (after remand from the Supreme Court directing reconsideration in light of Mathis) held that the Missouri second-degree burglary convictions qualify as generic burglary under the categorical/modified-categorical approach and that applying ACCA to convictions for which Sykes had been certified as an adult does not violate the Eighth Amendment.
Issues
| Issue | Sykes' Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Missouri second-degree burglary convictions qualify as "burglary" under § 924(e) | Missouri statute is overbroad (includes "inhabitable structure" alternatives); Sykes burglarized unoccupied commercial buildings so offenses were nonviolent | Convictions were for burglary of a "building" (one statutory element), which matches generic burglary; court records show convictions for burglary of buildings | Convictions fit generic burglary; ACCA predicate sustained |
| Whether the court may use the modified categorical approach given Mathis | Mathis prohibits using modified categorical approach when statute lists alternative means; Sykes contends statute is divisible only by means | Indictments and plea records showed the element "building," so the statute was not read as a mere list of alternative means for these convictions | Mathis did not preclude looking to the limited record here because "building" is an element, not a mere means |
| Whether burglary of unoccupied commercial buildings must pose a serious risk of physical injury to qualify under ACCA | Unoccupied commercial burglaries are nonviolent and lack risk to persons, so they should not be ACCA predicates | Burglary is an enumerated offense; Taylor rejects carving out only a subclass of burglaries based on risk; enumerated burglaries count regardless of occupancy | ACCA enumerated-offense treatment applies; occupancy or immediate risk not required |
| Whether applying ACCA enhancement for convictions incurred while a juvenile violates the Eighth Amendment | Enhancing Sykes’ sentence based on offenses committed when he was under 18 is cruel and unusual | Precedent permits use of adult convictions based on juvenile conduct for sentence enhancements if defendant was treated as an adult | No Eighth Amendment violation: Sykes was certified as an adult; enhancement permissible |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (defines "generic burglary" for ACCA)
- Shepard v. United States, 544 U.S. 13 (modified-categorical approach limits)
- Mathis v. United States, 136 S. Ct. 2243 (limitations on using the modified-categorical approach when statute lists alternative means)
- Johnson v. United States, 135 S. Ct. 2551 (struck down ACCA residual clause; left enumerated offenses intact)
- Roper v. Simmons, 543 U.S. 551 (barred capital punishment for crimes committed under 18)
- Graham v. Florida, 560 U.S. 48 (barred life without parole for nonhomicide juvenile offenders)