December 10, 2018 Practice Points

Burglary of Temporary Structure Is Still Burglary

The U.S. Supreme Court clarified what qualifies as burglary under the Armed Career Criminal Act.

By Sanford Hausler

The U.S. Supreme Court, on December 10, 2018, issued a decision in United States v. Stitt. The case raised the issue of whether burglary of a nonpermanent or mobile structure that is adapted or used for overnight accommodation can qualify as a “burglary” under the Armed Career Criminal Act. If such a crime falls within the ambit of burglary, the respondents, who had committed such crimes in the past, would be liable to a greater punishment on a firearm-possession case for which they had been convicted. Justice Breyer, speaking for a unanimous court, held that such a crime fell within the ambit of burglary.

Sanford Hausler is of counsel with Cox Padmore Skolnik & Shakarchy LLP in New York, New York.

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