Burglary of Temporary Structure Is Still Burglary

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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