Legal Opinion

United States v. Frank M. Howard

Court of Appeals for the Eleventh Circuit

Decided February 19, 2014No. 12-15756PublishedCited by 130 opinions

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

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Arizona v. GantSupreme Court of the United States · 2009
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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3Cited by130 opinions

  1. Mathis v. United StatesSupreme Court of the United States · 2016
  2. United States v. Victor StittCourt of Appeals for the Sixth Circuit · 2017
  3. Gabriel Almanza-Arenas v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
  4. Courtney Mays v. United StatesCourt of Appeals for the Eleventh Circuit · 2016
  5. United States v. Terrance Tyrone DavisCourt of Appeals for the Eleventh Circuit · 2017

125 more not listed; retrieve them via the Exa API.

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