James v. United States

2007-04-18

Headline: Ruling holds Florida attempted burglary is a “violent felony,” allowing the 15-year ACCA mandatory minimum to apply to defendants later caught with a firearm.

Holding: Attempted burglary, as defined by Florida law, is a "violent felony" under the Armed Career Criminal Act and supports the 15-year mandatory minimum sentence.

Real World Impact:

Allows Florida attempted-burglary convictions to trigger ACCA’s 15-year mandatory minimum for gun possession.
Courts will compare state attempt elements, not individual facts, when deciding ACCA predicates.
Increases risk of long sentences for people with old attempted-burglary convictions.

Topics: gun possession, attempted burglary, mandatory minimum sentences, criminal sentencing, state law elements

Summary

Background

A man pleaded guilty to being a felon in possession of a firearm and admitted three prior felony convictions, including a Florida conviction for attempted burglary of a dwelling. At sentencing the Government argued those priors triggered the Armed Career Criminal Act’s 15-year mandatory minimum. The District Court and the Eleventh Circuit agreed that the Florida attempted-burglary conviction counted as a “violent felony,” and the case reached this Court for review.

Reasoning

The Court rejected the claim that attempt crimes are categorically excluded from ACCA’s residual clause. Using the categorical approach, it looked only to the elements of Florida’s attempt and burglary laws as interpreted by the Florida Supreme Court. Because Florida requires an overt act directed toward entry, the Court concluded that the ordinary conduct covered by attempted burglary poses a serious potential risk of physical injury comparable to completed burglary. The Court relied on the statutory language, the 1986 expansion of the residual clause, and the Sentencing Commission’s comparable treatment of attempt in Guidelines commentary. The Court also found Florida’s narrow curtilage rule did not remove the risk, and rejected a Sixth Amendment objection about judicial factfinding.

Real world impact

After this decision, a Florida attempted-burglary conviction can count as an ACCA predicate and expose a later gun-possession offender to a 15-year mandatory minimum. Lower courts must compare state statutory elements (not individual case facts) under the categorical approach to decide similar cases.

Dissents or concurrances

Justices Scalia (joined by Stevens and Ginsburg) and Thomas dissented. Scalia warned the residual clause is vague and offers little guidance; Thomas said Apprendi/Booker concerns make the decision unnecessary.