United States v. Ferguson, No. 15-6303 (6th Cir. 2017)
Annotate this CaseFerguson pled guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The court found that at least three of Ferguson’s eight Tennessee convictions were violent felonies that triggered the Armed Career Criminal Act’s 15-year mandatory minimum sentence, 18 U.S.C. 924(e)(1). The Sixth Circuit affirmed. Ferguson’s three aggravated burglary convictions no longer count; Tennessee’s aggravated burglary statute sweeps more broadly than the generic definition. Ferguson’s five burglary convictions do trigger ACCA. Tennessee’s burglary statute provides that: A person commits burglary who, without the effective consent of the property owner: (1) Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault; (2) Remains concealed, with the intent to commit a felony, theft or assault, in a building; (3) Enters a building and commits or attempts to commit a felony, theft or assault; or (4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault. The Supreme Court defines “generic burglary” as “an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.”
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