United States v. Naylor, No. 16-2047 (8th Cir. 2018)
Annotate this CaseDefendant appealed his 180 month sentence after pleading guilty to one count of being a felon in possession of a firearm. The Eighth Circuit vacated the sentence, holding that defendant's prior Missouri second-degree burglary convictions did not qualify as violent felonies under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), because the second-degree burglary statute covered more conduct than generic burglary. Accordingly, the court remanded for resentencing.
Court Description: Kelly, Author, for the Court En Banc} Criminal case - Sentencing. Naylor's Missouri convictions for second-degree burglary in violation of Mo. Rev. Stat. Section 569.170 (1979) do not qualify as violent felonies under the Armed Career Criminal Act, and his sentence is vacated and the matter is remanded to the United States District court for resentencing. Based on the court's review of the Missouri case law and the text of the Missouri second-degree burglary statute, Missouri law established that the phrase "building or inhabitable structure" specifies means, not elements; because Missouri law provided a clear answer, the court need not "peek at the record documents" of Naylor's convictions; Missouri's second-degree burglary statute covered more conduct than does generic burglary, and the convictions do not, therefore, qualify as violent felonies under the ACCA. Judge Colloton, concurring in the judgment, joined by Judge Wollman and Judge Gruender. Judge Loken, dissenting, joined by Judge Shepherd. Judge Shepherd, dissenting, joined by Judge Loken.
This opinion or order relates to an opinion or order originally issued on March 28, 2017.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.