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Legal Opinion

United States v. Jimmy David Malone

Court of Appeals for the Sixth Circuit

Decided May 8, 2018No. 17-5727PublishedCited by 8 opinions

1Opinion of the Court

COOK, Circuit Judge.

This appeal presents the latest episode in the saga of determining whether a prior conviction is a "violent felony" for purposes of the Armed Career Criminal Act's sentencing enhancement. Guided by canons of statutory construction, we hold that Kentucky second-degree burglary categorically qualifies as generic burglary under the ACCA and AFFIRM the sentence.

I

Knoxville police pulled over Jimmy Malone for driving with unlit taillights. But his lights were the least of his worries. The handgun found under Malone's seat prompted a federal grand jury indictment on…

2Cases cited12 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Russello v. United StatesSupreme Court of the United States · 1983
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. TRW Inc. v. AndrewsSupreme Court of the United States · 2001

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

3Cited by8 opinions

  1. Shepherd v. KruegerCourt of Appeals for the Seventh Circuit · 2018
  2. Michael Salazar v. Paramount GlobalCourt of Appeals for the Sixth Circuit · 2025
  3. United States v. Tyler WilliamsCourt of Appeals for the Sixth Circuit · 2022
  4. United States v. Dewayne RockymoreCourt of Appeals for the Sixth Circuit · 2018
  5. Joshua Shepherd v. Stephen JulianCourt of Appeals for the Seventh Circuit · 2018

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

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