Legal Opinion
United States v. Timothy Phillips
Court of Appeals for the Sixth Circuit
Decided May 27, 2014No. 13-5344PublishedCited by 13 opinions
1Opinion of the CourtGibbons, J.
ROGERS, J. (pp. 1052-54), delivered a separate dissenting opinion.
OPINION
JULIA SMITH GIBBONS, Circuit Judge.
Timothy Phillips pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court determined that Phillips qualified for an enhanced sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e)(1), based in part on a prior Florida third-degree burglary-of-a-structure conviction. The Florida statute defined burglary in the third degree as burglary in which the offender does not commit assault or battery, does not become armed…
2Cases cited11 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
- James v. United StatesSupreme Court of the United States · 2007
- Sykes v. United StatesSupreme Court of the United States · 2011
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Abu-Ali Abdur'Rahman v. Wayne CarpenterCourt of Appeals for the Sixth Circuit · 2015
- King Bradley, Jr. v. Ameristep, Inc.Court of Appeals for the Sixth Circuit · 2015
- United States v. Malik FarradCourt of Appeals for the Sixth Circuit · 2018
- United States v. Melvin MorrisCourt of Appeals for the Sixth Circuit · 2018
- United States v. FultsCourt of Appeals for the Sixth Circuit · 2016
8 more not listed; retrieve them via the Exa API.