Mutee v. United States, No. 17-15415 (9th Cir. 2019)Annotate this Case
A conviction under North Carolina's breaking-or-entering statute, N.C. Gen. Stat. 14-54, qualifies as a predicate felony under the Armed Career Criminal Act (ACCA). The Ninth Circuit affirmed petitioner's sentence imposed after defendant was convicted of being a felon in possession of a firearm. The panel held that United States v. Stitt, 139 S. Ct. 399 (2018), which addressed a relevant question about the scope of generic burglary, foreclosed petitioner's argument that North Carolina's definition of "building" must be overbroad merely because it has been interpreted to encompass mobile homes. Because petitioner failed to demonstrate a "realistic probability" that North Carolina would apply section 14-54 to conduct outside the scope of generic burglary, the panel held that his conviction under that statute qualified as a predicate felony under the ACCA.