United States v. Morrison, No. 16-5452 (6th Cir. 2017)
Annotate this CaseMorrison pleaded guilty as a felon in possession of a firearm, 18 U.S.C. 922(g), waiving his right to appeal “any sentence . . . within the applicable guideline range, or lower, whatever that guideline range might be.” The prosecutor argued that Morrison’s prior conviction for Tennessee aggravated burglary was a “crime of violence,” setting his applicable Guidelines range at 77-96 months’ imprisonment. At the time, the Sentencing Guidelines defined “crime of violence” to include “burglary of a dwelling.” The Sixth Circuit had held that although Tennessee’s aggravated-burglary statute criminalizes more conduct than “generic” burglary under the Guidelines, the statute was “divisible,” permitting courts to review a “limited class of documents . . . to determine which alternative formed the basis of the defendant’s prior conviction.” The court examined Morrison’s plea colloquy from his earlier conviction, determined that he had burglarized a “dwelling,” and imposed a 96-month sentence. While his appeal was pending, the Supreme Court clarified what makes a statute divisible, and the Sixth Circuit granted rehearing to decide whether Tennessee’s aggravated-burglary statute criminalizes more conduct than generic burglary under the Armed Career Criminal Act, and if so, whether it is divisible under Mathis. The Sixth Circuit dismissed Morrison’s appeal, finding that his waiver foreclosed consideration of his request.
This opinion or order relates to an opinion or order originally issued on January 25, 2017.
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