United States v. Edwards, No. 15-2374 (7th Cir. 2016)
Annotate this CaseDefendants pleaded guilty to firearms offenses that carry an enhanced base offense level for prior conviction for a “crime of violence,” U.S.S.G. 2K2.1(a). The Guidelines then defined “crime of violence” to include “any offense under federal or state law … that … is burglary of a dwelling,” U.S.S.G. 4B1.2(a)(2). Both had Wisconsin convictions for burglary; each judge applied the higher offense level. The Seventh Circuit vacated. To determine whether a conviction is a crime of violence requires a categorical approach that focuses on the statutory definition. If state law defines the offense more broadly than the Guidelines, the conviction is not a crime of violence, even if the defendant’s conduct satisfies all of the elements of the Guidelines offense. When a single statute creates multiple offenses and is “divisible,” the court may consult a limited universe of documents to determine which offense the defendant was convicted of (modified categorical approach). In 2016, the Supreme Court clarified that a statute is divisible only if it creates multiple offenses by setting forth alternative elements. Wisconsin defines burglary more broadly than the Guidelines, referring to burglary of a “building or dwelling.” WIS. STAT. 943.10(1m)(a). The judges consulted charging documents, which revealed that defendants were charged with burgling dwellings. It is now clear that this recourse to state-court charging documents was improper. Wisconsin’s burglary statute sets forth alternative means of satisfying the location element of the state’s burglary offense.
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