United States v. Frank M. Howard
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
CARNES, Chief Judge:
This Court has held that a conviction under Alabama’s third-degree burglary statute, Ala.Code § 13A-7-7, can qualify as a “violent felony” under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1). See United States v. Rainer, 616 F.3d 1212, 1213 (11th Cir.2010). The settled law of that decision has been unsettled by the Supreme Court’s recent decision in Descamps v. United States, — U.S. -, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), which requires that we revisit our earlier decision of the issue.
When we decided in Rainer that third-degree burglary convictions in…
2Cases cited47 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Descamps v. United StatesSupreme Court of the United States · 2013
- Arizona v. GantSupreme Court of the United States · 2009
- Johnson v. United StatesSupreme Court of the United States · 2010
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