Published on: Monday, June 10, 2019

Today, in Quarles v. United States, Case No. 17-778, in a 9-0 opinion, the Supreme Court held that Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act. Specifically, the Court held that generic remaining-in burglary occurs under Section 924(e) when the defendant forms the intent to commit a crime at any time while unlawfully remaining in a building or structure. In his concurring opinion, Justice Thomas questioned whether the categorical approach should be applied to the enumerated-offenses clause. Justice Thomas stated that there are strong reasons to suspect that the categorical approach “is not compelled by ACCA’s text but was rather a misguided attempt to avoid Sixth Amendment problems.”

Merits briefing is available on the Supreme Court’s website, here. The Training Division provides sentencing resources specifically on firearm offenses and enhancements for crimes of violence and violent felonies to help you argue for the best possible sentence for your client.